EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 48 No examination of witness by self-represented accused person

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 48

    (1)     A witness in a relevant proceeding must not be examined personally by the accused person but may be examined instead by—

        (a)     the accused person's legal representative; or

        (b)     if the accused person does not have a legal representative—a person appointed by the court.

    (2)     If the accused person does not have a legal representative, the court must, as soon as practicable, tell the person—

        (a)     about the terms of subsection (1); and

        (b)     that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness's evidence intended to contradict the witness's evidence has not been put to the witness in cross-examination.

    (3)     A person appointed by the court for subsection (1) (b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.

Note     If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see Evidence Act 2011

, s 41 (1) (Improper questions)).

    (4)     If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do 1 or more of the following:

        (a)     adjourn the relevant proceeding to enable the person to obtain a legal representative to conduct the examination;

        (b)     make—

              (i)     an order that the person obtain legal representation; and

              (ii)     any other order the court considers necessary to secure legal representation for the person.

    (5)     If the relevant proceeding is a trial by jury, the court must tell the jury that—

        (a)     the accused person may not examine the witness personally; and

        (b)     obtaining, or being provided with, legal representation to examine the witness, or having the accused person's questions put to the witness by a person appointed by the court, is a usual practice; and

        (c)     the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.

    (6)     In this section:

"examine" includes cross-examine and re-examine.