§ 281A — Measures to prevent witness from seeing accused

281A.—(1) Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if —(a)

the witness is below 18 years of age;

(b)

the witness is the alleged victim of a sexual offence or child abuse offence that the accused is charged with; or

(c)

the court is satisfied that —(i)

either or both of the following apply:(A)

the witness is afraid of the accused, or of giving evidence in the presence of the accused;

(B)

the witness will be distressed if the witness is required to give evidence in the presence of the accused; and

(ii)

the reliability of the witness’ evidence will be diminished by such fear or distress, as the case may be.[19/2018; 30/2019]

(2) The shielding measure must not prevent the witness from being able to see, and to be seen by, any of the following:(a)

the court;

(b)

the prosecutor;

(c)

any advocate representing the accused;

(d)

any interpreter or other person appointed to assist the witness.[19/2018]

(3) An order under subsection (1) does not cease to apply merely because the witness in respect of whom the order was made reaches 16 years of age before the proceedings in which the order was made are finally concluded.[19/2018]

(4) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the accused.[19/2018]

(5) In this section, “shielding measure” means a screen or any other arrangement in a courtroom that prevents a witness from seeing the accused.[19/2018]

—(1) Despite any provision of this Code or any other written law, but subject to this section, the court may make an order allowing a witness to give evidence while prevented by a shielding measure from seeing the accused, if —(a)

the witness is below 18 years of age;

(b)

the witness is the alleged victim of a sexual offence or child abuse offence that the accused is charged with; or

(c)

the court is satisfied that —(i)

either or both of the following apply:(A)

the witness is afraid of the accused, or of giving evidence in the presence of the accused;

(B)

the witness will be distressed if the witness is required to give evidence in the presence of the accused; and

(ii)

the reliability of the witness’ evidence will be diminished by such fear or distress, as the case may be.[19/2018; 30/2019]

(2) The shielding measure must not prevent the witness from being able to see, and to be seen by, any of the following:(a)

the court;

(b)

the prosecutor;

(c)

any advocate representing the accused;

(d)

any interpreter or other person appointed to assist the witness.[19/2018]

(3) An order under subsection (1) does not cease to apply merely because the witness in respect of whom the order was made reaches 16 years of age before the proceedings in which the order was made are finally concluded.[19/2018]

(4) If a witness gives evidence in accordance with this section, for the purposes of this Code and the Evidence Act 1893, the witness is regarded as giving evidence in the presence of the accused.[19/2018]

(5) In this section, “shielding measure” means a screen or any other arrangement in a courtroom that prevents a witness from seeing the accused.[19/2018]