s. 42L (3) An accused, other than a child, who has been S. 42K(3) taken into custody and who is required to be amended by No. 68/2009 brought before a bail justice or the Magistrates' s. 97(Sch. Court within a reasonable time of being taken into item 54.28). custody to be dealt with according to law is, if being brought before the Magistrates' Court, required to be brought physically before the court unless he or she consents to appear before the court by audio visual link. (4) In any proceeding to which this Division applies S. 42K(4) amended by (other than one referred to in subsection (1), (2) No. 68/2009 or (3)), a court may, on its own initiative or on the s. 97(Sch. item 54.29). application of a party to the proceeding, direct that an accused, other than a child, appear before it by audio visual link if it is satisfied that appearance by audio visual link is consistent with the interests of justice. 42L Making of direction for physical appearance in S. 42L inserted by section 42K(1) proceedings No. 4/1997 s. 3. (1) A court may direct that an accused appear, or be S. 42L(1) amended by brought, physically before it in a proceeding in No. 68/2009 which, by virtue of section 42K(1), physical s. 97(Sch. item 54.30). appearance would not otherwise be required if it is satisfied, on an application made in accordance with this section, that— (a) physical appearance is required in the interests of justice; or (b) it is not reasonably practicable for the S. 42L(1)(b) amended by accused to appear before the court by audio No. 68/2009 visual link. s. 97(Sch. item 54.30). (2) An application for a direction referred to in S. 42L(2) amended by subsection (1) may be made by or on behalf of the No. 68/2009 accused or the prosecution at any time up to s. 97(Sch. item 54.31). 3 days before the day on which the accused is due
S. 42K(3) amended by No. 68/2009 s. 97(Sch. item 54.28). (3) An accused, other than a child, who has been taken into custody and who is required to be brought before a bail justice or the Magistrates' Court within a reasonable time of being taken into custody to be dealt with according to law is, if being brought before the Magistrates' Court, required to be brought physically before the court unless he or she consents to appear before the court by audio visual link. S. 42K(4) amended by No. 68/2009 s. 97(Sch. item 54.29). (4) In any proceeding to which this Division applies (other than one referred to in subsection (1), (2) or (3)), a court may, on its own initiative or on the application of a party to the proceeding, direct that an accused, other than a child, appear before it by audio visual link if it is satisfied that appearance by audio visual link is consistent with the interests of justice. S. 42L inserted by No. 4/1997 s. 3. 42L Making of direction for physical appearance in section 42K(1) proceedings s. 42L S. 42L(1) amended by No. 68/2009 s. 97(Sch. item 54.30). (1) A court may direct that an accused appear, or be brought, physically before it in a proceeding in which, by virtue of section 42K(1), physical appearance would not otherwise be required if it is satisfied, on an application made in accordance with this section, that— (a) physical appearance is required in the interests of justice; or S. 42L(1)(b) amended by No. 68/2009 s. 97(Sch. item 54.30). (b) it is not reasonably practicable for the accused to appear before the court by audio visual link. S. 42L(2) amended by No. 68/2009 s. 97(Sch. item 54.31). (2) An application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time up to 3 days before the day on which the accused is due