For cases concerning an offence of sexual abuse, a “child” is defined as under 17 years of age. For offences other than sexual abuse, the age of a “child” is defined as 14 years of age.
“Live television link” means that the child witness will not be giving evidence in the same courtroom as the defendant, but will be in another room located in the same court premises as the court room. The courtroom and the other room will be linked by way of a closed circuit television system, so that persons at the courtroom can see and hear the child witness, whilst the child witness will be able to hear, or both see and hear, the persons in the court room subject to the conditions as the court considers appropriate in the circumstances.
If the child has attained the age of 14 years at the time fo the trial, any oral evidence given at trial should be on oath or affirmation.
The application may be made on application by the prosecution or by the court on its own motion.