Victorian Numbered Acts Victorian Numbered Acts(1) In the heading to section 370 of the Principal Act, for " pre-recording " substitute " recording ".
(2) In section 370(1)(b) of the Principal Act, before "presented" insert "in the case of a special hearing before the trial,".
(3) After section 370(1) of the Principal Act insert —
"(1A) The court must direct that a special hearing under this Division is to be held—
(a) before the trial; or
(b) during the trial.
Note
Section 337 enables the court to vary its direction on the application of a party or on its own motion.
(1B) In making a direction under subsection (1A), the court must have regard to—
(a) if the complainant is a child, the age and maturity of the child; and
(b) if the complainant is cognitively impaired, the severity of that impairment; and
(c) any preference expressed by the complainant to give their evidence before the trial or during the trial; and
(d) whether conducting the special hearing during the trial is likely—
(i) to intimidate the complainant when giving his or her evidence; or
(ii) to have an adverse effect on the complainant; and
(e) the need to complete the evidence of the complainant expeditiously; and
(f) the likelihood that the evidence given by the witness will include inadmissible evidence that may result in the discharge of the jury; and
(g) any other matter that the court considers relevant.".