Complainant entitled to have support person or persons present when giving evidence
294C Complainant entitled to have support person or persons present when giving evidence
A complainant is entitled to have a person or persons chosen by the complainant present near the complainant, and within the complainant’s sight, when the complainant is giving evidence in proceedings in respect of a prescribed sexual offence.
The entitlement applies—
even if the complainant gives evidence by means of closed-circuit television or other technology or under any alternative arrangements available to the complainant under section 289V or 294B or Part 6, and
even if the proceedings, or the part of the proceedings in which the complainant gives evidence, are held in camera.
Without limiting the entitlement of a complainant under this section, the person or persons chosen by the complainant to be with the complainant when he or she gives evidence may include a parent, guardian, relative, friend or support person of the complainant, or a person assisting the complainant in a professional capacity.
An accused person is not entitled to object to the suitability of the person or persons chosen by a complainant to be with the complainant when giving evidence, and the court is not to disallow the complainant’s choice of person or persons on its own motion, unless the complainant’s choice is likely to prejudice the accused person’s right to a fair trial (for example, because the person chosen by the complainant is a witness or potential witness in the proceedings).
During any part of the proceedings in which the complainant gives evidence, the person or persons chosen by the complainant to be present when the complainant gives evidence are taken to be exempt from any requirement or direction under this Division that requires the proceedings, or the part of the proceedings concerned, to be held in camera.
This section applies to a complainant giving evidence in proceedings in respect of a prescribed sexual offence regardless of the complainant’s age.
If the complainant is a vulnerable person when the evidence is given, section 306ZK operates in addition to this section.
Nothing in this section affects any entitlement a complainant has under section 275B.
Note.
This section applies to proceedings before the Children’s Court because of section 27 of the Children (Criminal Proceedings) Act 1987.
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