The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

In a sexual case, unless a Judge gives permission (on an application made under this subsection and in accordance with section 44A), no evidence can be given and no question can be put to a witness that relates directly or indirectly to—

The Judge must not grant permission under subsection (1) to bring the evidence or ask the question unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding, or the issue of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.

The permission of the Judge is not required to rebut or contradict evidence permitted to be given under this section.

In a sexual case in which the defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence against the complainant, subsection (1)(b) does not apply to any evidence given, or any question put, that relates directly or indirectly to the sexual experience of the complainant with that other person.

This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.

In this section and sections 40(3)(b), 44AA, and 44A, complainant, in a civil proceeding that involves issues in dispute of a sexual nature, means the party, or a witness for the party, who seeks to establish a cause of action or, as the case requires, a defence in the civil proceeding.

In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the sexual reputation of the complainant.

However, in a sexual case that is a specified civil proceeding (as defined in subsection (3)), the Judge may give permission (on an application made under this subsection and in accordance with section 44A) for evidence to be given or a question to be put to a witness that relates directly or indirectly to the sexual reputation of the complainant.

A specified civil proceeding, in subsection (2), means a civil proceeding in which the complainant’s sexual reputation itself is directly relevant to—

The Judge must not grant permission under subsection (2) to bring the evidence or ask the question unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding that it would be contrary to the interests of justice to exclude it.

However, evidence (of the sexual reputation of the complainant) permitted to be given under this section cannot be used—

The permission of the Judge is not required to rebut or contradict evidence permitted to be given under this section.

This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.

An application made under section 44(1) or 44AA(2) must comply with subsections (2) to (6) (as relevant) unless—

A party who proposes to offer evidence about the sexual experience or sexual disposition or sexual reputation of a complainant must make a written application to a Judge, which must include—

A party who proposes to ask any question about the sexual experience or sexual disposition or sexual reputation of a complainant must make a written application to a Judge, which must include—

If any document is intended to be produced as evidence of the sexual experience or sexual disposition or sexual reputation of a complainant, the application required under subsection (2) must be accompanied by a copy of the document.

In a criminal proceeding, an application must be made, and a copy of the application must be given to all other parties,—

In a civil proceeding, an application must be made, and a copy of the application must be given to all other parties,—

The Judge may dispense with any of the requirements in subsections (2) to (6) if,—

Sections 103 to 106 (which provide for alternative ways of giving evidence) are subject to the following provisions (which deal with specific situations):

Nothing in the Courts (Remote Participation) Act 2010 affects or limits the ability of—

Sections 106A and 106B apply to a complainant (a family violence complainant) who is not a child and who is to give or is giving evidence in a family violence case (which does not include a sexual case).

A family violence complainant is entitled to give their evidence in chief by a video record made before the hearing.

The video record must be one recorded—

If a video record is to be or has been used as the complainant’s evidence in chief, a Judge must give a direction under section 103 about how the complainant will give the other parts of their evidence, including any further evidence in chief.

Section 106 applies to a video record offered as the complainant’s evidence in chief under this section.

If the prosecution intends to use a video record as a complainant’s evidence in chief, the prosecution must provide the defendant and the court with a written notice stating that intention to do so.

Unless a Judge permits otherwise, the notice must be given no later than when a case management memorandum (for a Judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.

Sections 106D to 106J apply to a sexual case complainant or propensity witness of any age.

A sexual case complainant or propensity witness is entitled to give evidence in 1 or more alternative ways so that—

A sexual case complainant or propensity witness who gives evidence of any kind in one way is entitled to give the other parts of their evidence, including any further evidence in chief, in 1 or more other ways.

A prosecutor intending to call a sexual case complainant or propensity witness must provide every other party and the court with a written notice stating—

However, no notice is required under subsection (3) if—

Unless a Judge permits otherwise, the notice required under subsection (3) must be given,—

If a prosecutor has given notice under subsection (3) and it is no longer possible or desirable for the complainant or witness to give evidence by the means stated in the notice, the prosecutor may file an amended notice but must do so as early as practicable.

In this section and sections 106G to 106IA, cross-examination evidence, for a complainant or witness, includes the following evidence (if any) that they give with their evidence given in cross-examination:

This section is subject to sections 106E to 106I.

If a sexual case complainant or propensity witness who is a child indicates their wish to give evidence or any part of their evidence in the ordinary way under section 83, the prosecutor may apply to a Judge for a direction that the complainant or witness be permitted to do so.

Unless a Judge permits otherwise, an application under subsection (1) must be made no later than when a case management memorandum (for a Judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.

The Judge—

When considering whether to give a direction under this section, the Judge must have regard to—

Despite section 106D, if a notice given under section 106D(3) states that a sexual case complainant or propensity witness is to give all or any part of their evidence in an alternative way, any other party may apply to a Judge for a direction that the complainant or witness give evidence or that part of their evidence in the ordinary way under section 83, or in a different alternative way under section 106D.

An application for a direction under subsection (1) must be made as early as practicable before the trial, or at a later time permitted by a Judge.

Before giving a direction under this section, the Judge—

When considering whether to give a direction under this section, the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—

Despite section 106F(4), the Judge may give a direction under section 106F that all or any of the complainant’s or witness’s cross-examination evidence (as defined in section 106D(7)) not be given by a video record made before the trial only if the Judge considers that—

A direction referred to in subsection (1) may be made—

For the purposes of subsection (1), the Judge must, in addition to any other matter that the Judge considers relevant, have regard to whether the witness is likely to need to give further evidence (including cross-examination evidence) after the making of a video record (for example, due to further disclosure).

For the purposes of subsection (1), it must not be presumed, and must be shown clearly in the circumstances of the case, that the following consequences of cross-examination before trial would present a real risk to the fairness of the trial:

This section applies to a sexual case complainant or propensity witness only if all of their evidence (except any further cross-examination evidence they give under this section) has been or is to be given by video record made before the trial.

The defence may apply to a Judge for a direction that the defence be permitted to further cross-examine the complainant or propensity witness after a video record is made of their cross-examination evidence.

The Judge may give the direction,—

For the purposes of subsection (3), the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—

If the Judge gives the direction, the complainant or propensity witness must give the further cross-examination evidence at trial (and so not by video record made before the trial).

However, the Judge may, if satisfied that exceptional circumstances make it impossible or impracticable for the further cross-examination evidence to be given at trial, amend the direction so that the complainant or propensity witness must give the further cross-examination evidence by video record made before the trial.

A sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial must comply with all applicable enactments in or made under this Act and any other relevant Act (and those enactments apply with all necessary modifications) as if that evidence were being given at trial.

A video record made before trial of the complainant’s or propensity witness’s cross-examination evidence must be recorded and dealt with in compliance with any regulations made under this Act.

All parties must be given secure access to the recording, including a version edited under subsection (5), subject to compliance with any conditions the Judge directs, unless a Judge directs otherwise.

All parties must be given the opportunity to make submissions about the admissibility of all or any part of the complainant’s or propensity witness’s cross-examination evidence that is given by a video record made before the trial.

The Judge may, on an application for the purpose made by any party or on the Judge’s own initiative, order to be excised from a video record made before the trial of the complainant’s or propensity witness’s cross-examination evidence all or any of the following material:

After edits to a video record are ordered under subsection (5), further edits to the video record may be made (on an application for the purpose made by any party or on the Judge’s own initiative) only if any new relevant issues have arisen and the interests of justice require the edited version to be revisited.

The Judge may admit a video record made before the trial of evidence, and that is recorded and dealt with substantially in accordance with the terms of any direction under this subpart and the terms of regulations referred to in subsection (2), despite a failure to observe strictly all of those terms.

This section applies if,—

The complainant or witness may give both their evidence in chief and their cross-examination evidence by a video record made before the trial.

The making and use of that video record must comply with—

A video record must be made, in accordance with any applicable regulations made under section 201, of evidence (of any kind)—

That video record may be used by the complainant or witness to give evidence in an alternative way under this Act (for example, in or for a retrial)—

Section 106 (except section 106(4A) to (4C)) applies, with any necessary modifications, to the video record.

This section does not limit or affect a video record of a witness’s evidence being filed as a formal statement under the Criminal Procedure Act 2011, or section 99 (Oral evidence must be recorded) of that Act, or a witness giving oral evidence by way of a video record in accordance with an oral evidence order made under that Act.

Sections 107 to 107B apply to a child witness when giving evidence in a criminal proceeding unless the witness is a defendant who is a child or a sexual case complainant or propensity witness who is a child.

In this section,—

The Police must not disclose a video record to all or any parties to proceedings unless the order for disclosure is made in compliance with subsection (2).

A Judge or judicial officer may make an order for disclosure of a video record to all or any parties to proceedings only if satisfied—

A Judge or judicial officer who makes an order for disclosure must, subject to subsection (4), give directions for the way in which the video record is to be disclosed, which may include the Police or court providing all or any parties to proceedings with—

A Judge or judicial officer may make a particular direction for the way in which the video record is to be disclosed if satisfied that, after considering the matters in section 119B, the direction is in the interests of justice.

A video record disclosed under this section to all or any parties to proceedings must be dealt with in compliance with any regulations made under section 201.

In a sexual case tried before a jury, the Judge must give the jury any direction the Judge considers necessary or desirable to address any relevant misconception relating to sexual cases.

Misconceptions relating to sexual cases (all or any of which the Judge may consider relevant in the case) include, but are not limited to, misconceptions—

This section does not limit or affect—

Regulations made under section 201(1)(a) may authorise a Judge to make an order restricting attendance by, or excluding, any member of the media at any making, before trial, of a video record of a sexual case complainant’s or propensity witness’s evidence.

In this section, member of the media has the same meaning as in section 198(2) of the Criminal Procedure Act 2011.

This section does not limit the generality of section 201(1)(a), and applies despite anything to the contrary in the Criminal Procedure Act 2011.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

The judicial officer sentencing the offender may, at the request of the prosecutor, agree that all or any part of a victim impact statement submitted under section 21 be presented to the court in any manner other than by reading it in accordance with section 22.

For example, the manner in which all or any part of the statement may be presented to the court under this section may be any of the following:

A court may, on an application made for the purpose by the prosecutor under section 199AA of the Criminal Procedure Act 2011, make an order under that section that the courtroom be cleared while the victim’s victim impact statement is read or otherwise presented to the court.

Sections 28B, 28BA, and 28D apply only to an individual victim who is a sexual case complainant (the victim).

Section 28C applies only to all victims who are sexual case complainants (the victims).

The prosecutor must make all reasonable efforts to ensure that—

If a victim impact statement of the victim as a sexual case complainant is to be, or has been, submitted under section 21(1), the prosecutor must make all reasonable efforts to ensure that—

The Secretary must make all reasonable efforts to ensure that appropriate facilities are available to the victims when attending court, or participating in or viewing the proceeding related to the offences concerned, as sexual case complainants.

In determining whether facilities for those purposes are appropriate, the Secretary must, in addition to any other factors that the Secretary considers relevant, take into account—

Examples of appropriate facilities may include—

In section 28BA(a) (as, or when, inserted by section 31 of the Sexual Violence Legislation Act 2021), after “sentencing the offender”, insert “or making an order under section 24(1) or 25(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 in relation to a defendant who is acquitted on account of insanity”.

In Schedule 1AA,—

In any case of a sexual nature, a court may, on an application made for the purpose by the prosecutor, make an order that no person may be present in the courtroom while the victim’s victim impact statement is read or otherwise presented to the court, except for the following:

The order may be made only if the court is satisfied that the order is necessary to avoid causing the victim undue distress.

In deciding an application made under this section, the court must take into account, in addition to any other factors the court considers relevant, the following considerations:

Even if an order is made under subsection (1), the passing of sentence must take place in public; but, if the court is satisfied that exceptional circumstances exist, it may decline to state in public all or any of the facts, reasons, or other considerations that it has taken into account in determining the sentence.

In this section,—

No person may publish the whole or any part of a sexual case complainant’s or propensity witness’s evidence that is video recorded before trial (see sections 106C to 106J of the Evidence Act 2006) except as permitted by or under this section.

The automatic suppression in subsection (1) remains in force, unless earlier lifted by the court, until—

However, the court may, by order made on application or on its own initiative,—

This section does not limit other suppression provisions or orders.