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s 4AL

Appointment of witness intermediary—suitability of the intermediary for the witness etc

In force
Chapter 1BWitness intermediaries—criminal proceedings

4AL Appointment of witness intermediary—suitability of the intermediary for the witness etc

(1)

A court may appoint an intermediary for a witness in a criminal proceeding only if—

(a)

the intermediaries administrator is satisfied the intermediary has qualifications, training, experience or skills suitable for the witness; and

(b)

if the intermediary is a designated person—the court is satisfied—

(i)

there is no other suitable intermediary reasonably available; and

(ii)

the appointment is in the interests of justice.

(2)

In making a decision under subsection (1), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

(3)

In this section:

designated person, in relation to a criminal proceeding, means a person who is—

(a)

a relative, friend or acquaintance of the witness or the accused person; or

(b)

a person who has assisted the witness (other than as an intermediary) or the accused person in a professional capacity; or

(c)

a party or potential witness in the proceeding.

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