Evidence Act 2006

Trial process - Alternative ways of giving evidence

102A: Relationship of Courts (Remote Participation) Act 2010 to this subpart

You could also call this:

"How the Remote Participation Act affects giving evidence in court"

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The Courts (Remote Participation) Act 2010 does not affect your ability to give evidence or apply for evidence to be given under this part of the law. You can still be a witness or ask for evidence to be given as you normally would. A Judge can also still make decisions under this part of the law, even if the Courts (Remote Participation) Act 2010 applies. You can participate in a court case remotely, but this does not change how evidence is given or how a Judge makes decisions. The law is clear that remote participation does not limit what you can do in a court case. A Judge's ability to make decisions is also not affected by the Courts (Remote Participation) Act 2010.

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102: General provisions are subject to provisions for specific situations, or

"General rules can be overridden by special rules for specific situations."


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103: Directions about alternative ways of giving evidence, or

"Helping you give evidence in a way that's fair and comfortable for you"

Part 3Trial process
Alternative ways of giving evidence

102ARelationship of Courts (Remote Participation) Act 2010 to this subpart

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

  2. a witness to give evidence, or a party to apply for evidence to be given, under a provision of this subpart; or
    1. a Judge to make directions under a provision of this subpart.
      Notes
      • Section 102A: replaced, on , by section 13 of the Sexual Violence Legislation Act 2021 (2021 No 60).