Cross‑examination of protected witness by unrepresented accused
106G Cross‑examination of protected witness by unrepresented accused
Where in any proceeding for an offence an accused who is not represented by counsel wishes to cross‑examine a protected witness, the accused —
is not entitled to do so directly; but
may put any question to the protected witness by stating the question to the judge or a person approved by the court,
and that person is to repeat the question accurately to the protected witness.
Nothing in subsection (1) prevents a protected witness who is not a child from consenting to being cross‑examined by the accused directly.
In this section —
protected witness means —
a child; or
if the proceeding is for a serious sexual offence, the victim (irrespective of the person’s age); or
if the proceeding is for a criminal organisation offence —
the victim (irrespective of the person’s age); or
any witness for the prosecution (irrespective of the person’s age).
[Section 106G inserted: No. 36 of 1992 s. 8; amended: No. 46 of 2004 s. 18; No. 84 of 2004 s. 82; No. 49 of 2012 s. 177(3).]
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