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Arrangements
Arrangements
Special hearing
Warning
TJ must give warning: no adverse inf to be drawn from special hearing (
375
)
By default all ev. given by complainant special hearing (
370(1)
)
P can apply to have W (complainant) give direct testimony
(2)
Applies to case wholly or partly of SO offence (
369(1)
)
Where complainant is (
369(2)
)
Child (under 18) (at time of recording)
Mentally ill
Ev. of special hearing admissible (
374
)
Conduct of special hearing - A cannot be in same room but can have lawyer there (
372
)
Recording (
373
)
Recorded ev. in chief
Applies to SO cases and cases of assault and threats of assault (wholy or partly) (
366(1)
)
If W is (
366(2)
)
Child (under 18) (at time of recording)
Mentally ill
May give ev wholly or partly in the form of audio-visual rec (
367
)
Admissible as if direct testimony of W (
368
)
Child/mentally ill (
366 CPA
)
Special arrangements
Must tell jury diff arrangements = no adverse Inf (
s 375
)
Recorded hearing etc (
367-373
)
Sexual offence or offence which inc. assault etc
Sexual offences
Special Arrangements (
Div 6
)