363. When court must direct use of closed-circuit television or other facilities for complainant

363. When court must direct use of closed-circuit television or other facilities for complainant

If the witness is a complainant, the court must direct that an arrangement referred to in section 360(a) be made unless—

(a) the prosecution applies for the complainant to give evidence in the courtroom; and

(b) the court is satisfied that the complainant—

(i) is aware of the right of the complainant to give evidence in another place by closed-circuit television or other facilities; and

(ii) is able and wishes to give evidence in the courtroom.

This provision, unlike some others in Part 8.2, is couched in mandatory terms. Some courts require that the prosecution file a notice signed by the complainant if it is their intention to lead evidence from the witness in the courtroom.