370. Special hearing for pre-recording evidence

370. Special hearing for pre-recording evidence

(1) Subject to subsection (2), the whole of the evidence (including cross-examination and re-examination) of a complainant must be—

(a) given at a special hearing under this Division and recorded as an audiovisual recording; and

(b) presented to the court in the form of that recording.

(2) On the application of the prosecution, the court may direct that subsection (1) is not to apply and that the complainant is to give direct testimony in the proceeding if the court is satisfied that the complainant—

(a) is aware of the right of the complainant to have his or her evidence taken at a special hearing under this Division and audiovisually recorded; and

(b) is able and wishes to give direct testimony in the proceeding.

Note

Division 4 provides that the court may make alternative arrangements for the giving of direct testimony.