Child or witness with disability may have support person in court
101 Child or witness with disability may have support person in court
This section applies to any of the following people (a witness) giving evidence in a proceeding:
a child;
a witness with a disability.
The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is—
for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or
for any other witness—close to the witness and within the witness’s sight.
The court may order that a witness have more than 1 support person if it considers it is in the interests of justice.
The support person must not—
speak for the witness during the proceeding; or
otherwise interfere in the proceeding.
Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.
If the proceeding is a trial by jury, the court must tell the jury that—
a witness having a support person in the court while giving evidence is a usual practice; and
the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.
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