372. Conduct of special hearing

372. Conduct of special hearing

(1) At a special hearing—

(a) the accused and his or her legal practitioner are to be present in the courtroom;

(b) the accused—

(i) is not to be in the same room as the complainant when the complainant's evidence is being taken;

(ii) is entitled to see and hear the complainant while the complainant is giving evidence and to have at all times the means of communicating with his or her legal practitioner;

(c) no person, other than a person authorised by the court, is to be present in the courtroom or the same room as the complainant when the complainant's evidence is being taken;

(d) the evidence of the complainant is to be given by means of closed-circuit television or other facilities that enable communication between the room in which the complainant is present and the courtroom;

(e) except as provided by this Division, the usual rules of evidence apply.

(2) The room in which the complainant gives evidence is taken to be part of the courtroom while the complainant is there for the purpose of giving evidence.

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371. Time limits for special hearing

371. Time limits for special hearing

(1) If a special hearing is to be held, it must be held—

(a) within 3 months after the day on which the accused is committed for trial; and

(b) before the court at which the indictment is filed.

Note

Section 212 imposes time limits for commencing trials for sexual offences.

(2) The court may extend the time for holding a special hearing if, because of the existence of exceptional circumstances, the court considers that it is in the interests of justice to do so.

(3) The court may extend time under subsection (2) before or after the time expires.

(4) More than one extension of time may be granted under subsection (2).

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