9 Use of audio-visual links in criminal substantive matters

(1)

AVL must not be used in any criminal substantive matter for the appearance of a participant unless a judicial officer determines to allow its use for the appearance of that participant in the proceeding—

(a)

in accordance with the criteria in sections 5 and 6; and

(b)

taking into account whether the parties to the proceeding consent to the use.

(2)

Despite subsection (1), AVL must not be used for the appearance of the defendant in a trial that determines his or her guilt or innocence unless the defendant consents to that use.