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
(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.
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
(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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