(1) Subject to subsections (2), (3) and (4), a direction may be given by the court under section 27A—
(a) on an application by a party to the proceedings; or
(b) of the court's own motion.
(2) A direction may not be given under section 27A unless—
(a) the court is satisfied that it is in the interests of the efficient or effective administration of justice for the person concerned to give evidence in the proceedings through a live link;
(b) it has been notified, by the Registrar, clerk, or the authorised or responsible officer of the court before whom or which proceedings are held, that suitable facilities for receiving evidence through a live link are available in the area in which it appears to the court that the proceedings will take place, which enables the accused or any person referred to in section 27A to see and hear the court and to be seen and heard by it; and
(c) the notification referred to in paragraph (b) has not been withdrawn.
(3) The withdrawal of a notification referred to in paragraph (b) of subsection (2) is not to affect a direction given under section 27A before that withdrawal.
(4) In deciding whether to give a direction under section 27A the court must consider all the circumstances of the case, including, in particular—
(a) the availability of the person;
(b) the need for the person to present himself or herself at the place where the proceedings are held;
(c) the importance of the person's evidence to the proceedings;
(d) the views of the person;
(e) the suitability of the facilities at the place where the person would give evidence through a live link;
(f) whether a direction might tend to inhibit any party to the proceedings from effectively testing the person's evidence.
(5) The court must state in open court its reasons for refusing an application for a direction made pursuant to section 27B(1)(a) and, if it is a District Court, must cause them to be entered in the register of its proceedings.
(Inserted by Act 14 of 2011)