All prisoners to appear by videolink from 12 Sep 16 The Justice Legislation (Evidence and other Acts) Amendment Act 2016 (‘the amending Act’) will come into effect on 12 September 2016. The amending Act will change the Evidence (Miscellaneous Provisions) Act 1958 (‘the Act’) in relation to appearances of an accused being held in custody.

en iyi forex firması hangisi Section 42JA, covers the appearance of an adult accused before the Court. The legislation introduces a presumption that an accused will appear via an AVL for all hearings with the exception of listings outlined in section 42JA(2) and (3). The exceptions relate to the following hearings:

  • An inquiry into the accused’s fitness to plead;
  • A hearing where the accused is pleading not guilty (i.e. a contest);
  • Committal hearing;
  • First hearing of accused following arrest, when the accused is required to be brought before the Court to be dealt with according to law;
  • Where a Court has directed the physical attendance of the accused in the interests of justice. The Court’s website has been updated with AVL information about the changes, including:

  • Chief Magistrate Practice Direction 11 of 2016;
  • A practitioners guide to AVL hearings;
  • FAQ’s;
  • New Form 45 – application for physical appearance;
  • New Form 46 – application for appearance by AVL;
  • A list of each court venue’s AVL capacity and timetable for installation; and
  • The daily list of scheduled AVL hearings.