New South Wales Consolidated Acts

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CRIMINAL PROCEDURE ACT 1986 - SECT 294A

Arrangements for complainant in prescribed sexual offence proceedings giving evidence when accused person is unrepresented

294A Arrangements for complainant in prescribed sexual offence proceedings giving evidence when accused person is unrepresented

(1) This section applies to proceedings in respect of a prescribed sexual offence during which the accused person is not represented by an Australian legal practitioner.
(2) The complainant cannot be examined in chief, cross-examined or re-examined by the accused person, but may be so examined instead by a person appointed by the court.
(3) The person appointed by the court is to ask the complainant only the questions that the accused person requests that person to put to the complainant.
(4) Any such person, when acting in the course of an appointment under this section, must not independently give the accused person legal or other advice.
(5) The court does not have a discretion to decline to appoint a person under this section, despite anything to the contrary in section 306ZL or any other Act or law.
(6) This section applies whether or not closed-circuit television facilities or other similar technology (or alternative arrangements) are used by the complainant to give evidence.
(7) If such a person is appointed in proceedings before a jury, the judge must:
(a) inform the jury that it is standard procedure in such cases to appoint the person to put the questions to the complainant, and
(b) warn the jury not to draw any inference adverse to the accused person or to give the evidence any greater or lesser weight because of the use of that arrangement.
(8) This section extends to proceedings instituted before the commencement of this section, including proceedings that have been partly heard.
(9) Any thing done or omitted to be done by a person who:
(a) is appointed under this section, and
(b) is an Australian lawyer,
when acting in the course of the appointment or otherwise in accordance with this section does not, if the thing was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.



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