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s 23C

Special arrangements for protecting witnesses from embarrassment, distress etc when giving evidence

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Part 4Judicial conduct panels

23C Special arrangements for protecting witnesses from embarrassment, distress etc when giving evidence

(1)

Section 13 of the Evidence

Act 1929 will be taken to apply in relation to an inquiry under this Part, and, for that purpose—

(a)

a reference in that section to a court or a judge will be taken to be a reference to the judicial conduct panel undertaking the inquiry;

and

(b)

a reference in that section to a trial will be taken to be a reference to the inquiry; and

(c)

a reference in that section to a defendant will be taken to be a reference to the judicial officer to whom the inquiry relates;

and

(d)

the judicial conduct panel may make any order a court may make under that section; and

(e)

the operation of that section will be taken to be modified to such extent as may be necessary as to afford a witness in an inquiry under this Part the same protections and arrangements they would have had they been a witness in a trial or other proceedings to which that section applies.

(2)

To avoid doubt, section 13(5) of the

Evidence Act 1929 applies to an inquiry under this Part.

(3)

However, a requirement under section 13 of the

Evidence Act 1929 that only applies to criminal trials will be taken not to apply in relation to an inquiry under this Part.

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