4AM

Witness to give evidence in presence of intermediary

Current

(1)

If a court appoints an intermediary for a witness in a criminal proceeding, the witness must give their evidence in the presence of the intermediary.

(2)

Evidence of a witness given in the presence of an intermediary must be given in circumstances in which—

(a)

the court and any lawyer appearing in the proceeding are able to—

(i)

see and hear the witness giving evidence; and

(ii)

communicate with the intermediary; and

(b)

the jury (if any) is able to see and hear the witness giving evidence, including any assistance given by the intermediary.

Note A person must take an oath or make an affirmation before acting as an intermediary in a proceeding (see Evidence Act 2011, s 22).

(3)

If the proceeding is a trial by jury, the court must tell the jury that—

(a)

a witness giving evidence in the presence of an intermediary is a usual practice; and

(b)

the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the intermediary is present.

(4)

An order that the court be closed to the public does not stop an intermediary for a witness being in court while the witness gives evidence.

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