42M Making of direction for audio visual appearance in S. 42M section 42JA(2) or 42K(2) proceedings (Heading) inserted by No. 38/2016 s. 6(1). S. 42M inserted by No. 4/1997 s. 3. S. 42M(1) (1) A court may direct that an accused appear before amended by it by audio visual link in a proceeding in which, Nos 68/2009 by virtue of section 42JA(2) or 42K(2), physical s. 97(Sch. item 54.33), appearance would otherwise be required if it is 38/2016 satisfied, on an application made in accordance s. 6(2). with this section, that— (a) appearance by audio visual link is consistent with the interests of justice; and (b) is reasonably practicable in the circumstances. (2) Unless an application for the making of a direction referred to in subsection (1) is made with the consent of all parties to the proceeding, the court may only grant such an application if satisfied that exceptional circumstances exist. S. 42M(3) (3) An application for a direction referred to in amended by subsection (1) may be made by or on behalf of No. 68/2009 s. 97(Sch. the accused or the prosecution at any time up to item 54.34). 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason. (4) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.
S. 42M (Heading) inserted by No. 38/2016 s. 6(1). S. 42M inserted by No. 4/1997 s. 3. 42M Making of direction for audio visual appearance in section 42JA(2) or 42K(2) proceedings S. 42M(1) amended by Nos 68/2009 s. 97(Sch. item 54.33), 38/2016 s. 6(2). (1) A court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of section 42JA(2) or 42K(2), physical appearance would otherwise be required if it is satisfied, on an application made in accordance with this section, that— (a) appearance by audio visual link is consistent with the interests of justice; and (b) is reasonably practicable in the circumstances. (2) Unless an application for the making of a direction referred to in subsection (1) is made with the consent of all parties to the proceeding, the court may only grant such an application if satisfied that exceptional circumstances exist. S. 42M(3) amended by No. 68/2009 s. 97(Sch. item 54.34). (3) 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 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason. (4) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.
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