Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-23

364. When court must direct use of screens for complainant

364. When court must direct use of screens for complainant

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

(a) is aware of the right of the complainant to give evidence while screens are used to remove the accused from the direct line of vision of the complainant; and

(b) does not wish a screen to be so used.

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.

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