405D   Closed-circuit television may be used for giving child victim’s evidence

(1)  In any criminal proceedings in which it is alleged that the accused person has committed a prescribed sexual offence on a child, the court may, on the application of the prosecution, make an order permitting the child’s evidence to be given by means of closed-circuit television facilities.

(2)  If the court is not equipped with closed-circuit television facilities or it otherwise considers it appropriate to do so, the court may, for the purpose of permitting the child’s evidence to be given by means of such facilities, adjourn the proceedings or any part of them to a court that is equipped with such facilities.

(2A)  If, pursuant to an order under subsection (1), a child’s evidence is permitted to be given from other premises:

(a)  the court may also order a court officer to be present at those other premises, or any other person to be present with the child as a support or interpreter, or both, and

(b)  those other premises are taken to be part of the court in which the proceedings are being held.

(3)  An order may only be made under subsection (1) if the court is satisfied:

(a)  that it is likely that the child would suffer mental or emotional harm if required to give evidence in the ordinary way, or

(b)  that it is likely that the facts would be better ascertained if the child’s evidence is given in accordance with such an order.

(4)  The court may vary or revoke an order made under this section, either of its own motion or on application by a party to the proceedings.

(5)  In this section, child, in relation to any proceedings, means a child under the age of 16 years at the time that the child is giving evidence in the proceedings.