(1) An accused appearing before a court by audio S. 42R(1) visual link must do so from a place at which the amended by No. 68/2009 technical requirements specified— s. 97(Sch. item 54.41). (a) in section 42G(1), as modified by subsection (2) of this section; and (b) in subsection (3)— are met. S. 42R(2) (2) Section 42G(1)(a)(i) applies as if the reference to amended by the person appearing before the court or giving the No. 68/2009 s. 97(Sch. evidence or making the submission included a item 54.42). reference to the accused entering a plea to a charge. S. 42R(3) (3) Both the court point and the remote point must be amended by equipped with facilities that, in accordance with No. 68/2009 s. 97(Sch. any rules of court, enable private communication item 54.43). to take place (at any time during the hearing or any adjournment of the hearing or at any time on the day of a hearing shortly before or after the hearing) between the accused and any legal practitioner at the court point representing him or her in the proceeding and documents to be transmitted between both points by those persons. S. 42S 42S Protection of communication between accused and inserted by legal representative No. 4/1997 s. 3, Without limiting any other protection applying to amended by No. 68/2009 it, a communication by audio link or audio visual s. 97(Sch. link, or a document transmitted, between an item 54.44). accused and his or her legal representative in accordance with this Part is as confidential and as inadmissible in any proceeding as it would be if the communication took place or the document was produced while they were in each other's presence.
S. 42R(1) amended by No. 68/2009 s. 97(Sch. item 54.41). (1) An accused appearing before a court by audio visual link must do so from a place at which the technical requirements specified— (a) in section 42G(1), as modified by subsection (2) of this section; and (b) in subsection (3)— are met. S. 42R(2) amended by No. 68/2009 s. 97(Sch. item 54.42). (2) Section 42G(1)(a)(i) applies as if the reference to the person appearing before the court or giving the evidence or making the submission included a reference to the accused entering a plea to a charge. S. 42R(3) amended by No. 68/2009 s. 97(Sch. item 54.43). (3) Both the court point and the remote point must be equipped with facilities that, in accordance with any rules of court, enable private communication to take place (at any time during the hearing or any adjournment of the hearing or at any time on the day of a hearing shortly before or after the hearing) between the accused and any legal practitioner at the court point representing him or her in the proceeding and documents to be transmitted between both points by those persons. S. 42S inserted by No. 4/1997 s. 3, amended by No. 68/2009 s. 97(Sch. item 54.44). 42S Protection of communication between accused and legal representative Without limiting any other protection applying to it, a communication by audio link or audio visual link, or a document transmitted, between an accused and his or her legal representative in accordance with this Part is as confidential and as inadmissible in any proceeding as it would be if the communication took place or the document was produced while they were in each other's presence.
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