s 4AK

Appointment of witness intermediary—prescribed witnesses

In force

(1)

A court must appoint an intermediary in a criminal proceeding for a witness prescribed by regulation.

(2)

However, the court need not appoint an intermediary for a witness under this section if—

(a)

there is no‑one available who—

(i)

meets the needs of the witness; and

(ii)

satisfies the requirements in section 4AL; or

(b)

it is not in the interests of justice to appoint an intermediary.

(3)

Also, the court must not appoint an intermediary for a witness under this section if satisfied that the witness—

(a)

is aware of their right to an intermediary; and

(b)

is able to, and wishes to, give evidence without the assistance of an intermediary.

(4)

In making a decision under subsection (2) or (3), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

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