A pre-trial special hearing is, on application and under certain circumstances, available to a child of or under 14 years of age or a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions [s 12AB(14), s12AB(1)].

This type of trial is available in cases where there is a charge of a serious offence against the person or of charges of contraventions of intervention orders or restraining orders [s 12AB(14)]. A serious offence against the person includes, for example, attempted murder, attempted manslaughter, stalking, causing serious harm, unlawful threats to kill or endanger life, offences involving abduction or blackmail or attempts to commit these offences. It also includes many common sexual offences, any offence involving the sexual exploitation of a child, or an offence of sexual exploitation against a person with a cognitive impairment under s 51 of the Criminal Law Consolidation Act 1935 (SA).

In relation to child sexual offences and charges for offences involving domestic abuse, the range of witnesses whom can give evidence by way of pre-trial special hearing is wider than for these other offences. In the case of pre-trial special hearings for the trial of a charge of a child sexual offence, it can include a child of any age, an alleged victim of the offence (regardless of their age at the time of the trial) and any vulnerable or other witness [s 12AB(14)(c)]. In the case of pre-trial special hearings for the trial of a charge involving domestic abuse, it can include an alleged victim of the abuse [s 12AB(14)((d)].

The hearing is also only available if the necessary facilities are readily available, it is practicable, and the arrangements can be made without prejudice to any party to the proceedings [s 12AB(1)(b)-(c)].

Once allowed this pre-trial special hearing enables the witness to give evidence before the trial with special provisions. This includes that the court must make the following provisions:

The court may also make the following provisions:

If a pre-trial hearing is taking place in relation to a witness in a trial of a charge of a child sexual offence, the court may also give directions about the manner and duration of questioning, questions that may or may not be put to the witness, allocating questioning topics where there are multiple accused, the use of models, plans, body maps or similar aids to communicate questions and answers, not leading evidence that challenges the witness in cross-examination [s 12AB(11a)].​​​​​​​

The court is able to make orders at a pre-trial special hearing admitting the recorded evidence, and enable such orders to be binding on the trial court. The trial court will have discretion to order that this is not to be the case based on matters arising or becoming known between the pre-trial special hearing and the trial [s 12AC].

There are many more procedural laws around what can and can not be done at a pre-trial special hearing and legal advice should be sought.