Leave required for unrepresented defendant to cross-examine certain vulnerable witnesses
21QA Leave required for unrepresented defendant to cross-examine certain vulnerable witnesses
This section applies if, in an examination of witnesses or a trial, a defendant is not represented by a legal practitioner and the defendant wishes to cross-examine a vulnerable witness.
The defendant is not entitled to cross-examine the witness directly unless the court grants leave.
The court cannot grant leave under subsection (2) if the witness is a child, or has a cognitive impairment or an intellectual disability.
The court must not grant leave under subsection (2) unless satisfied that the witness's ability to testify under cross‑examination will not be adversely affected if the defendant conducts the cross‑examination.
In considering whether the witness's ability to testify will be adversely affected, the court must have regard to any trauma or distress that could be caused if the defendant conducts the cross‑examination.
In considering whether to grant leave under subsection (2), the court must not require the witness to give evidence about the matters mentioned in subsections (4) and (5).
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