AVL must be used for the appearance of a participant in a criminal procedural matter if AVL is available and the participant is in custody, unless a judicial officer or a Registrar determines that the use of AVL is contrary to the interests of justice.

AVL may be used for the appearance of a participant in a sentencing matter if—

Before making a determination under subsection (1) or (2), the judicial officer or Registrar (as the case may be) must take into account the criteria specified in sections 5 and 6.

To avoid doubt, a motion to determine whether AVL is contrary to the interests of justice may be made by the participant or the judicial officer or Registrar (as the case may be).

The place of hearing of any proceeding in which 1 or more of the participants appear by the use of AVL—