EVIDENCE ACT 1977 - SECT 21O Procedure for cross-examination of protected witness if person charged has no legal representative

EVIDENCE ACT 1977 - SECT 21O

21O Procedure for cross-examination of protected witness if person charged has no legal representative

(1) This section applies if—

(a) a person charged does not have a legal representative for a proceeding; and

(b) the court rules that a person is a protected witness for the proceeding.

(2) The court must advise the person charged present before the court that—

(a) the person charged may not cross-examine the protected witness in person; and

(b) the court will arrange for the person charged to be given free legal assistance by Legal Aid for the cross-examination unless the person charged—

(i) arranges for legal representation; or

(ii) does not want the protected witness to be cross-examined.

(3) The court must also require the person charged to advise the court by a particular date or time the court considers reasonable if the person charged—

(a) has arranged for a legal representative to act for the person charged for the proceeding; or

(b) has arranged for a legal representative to act for the person charged for cross-examination of the protected witness; or

(c) does not want the protected witness to be cross-examined.

(4) If, by the particular date or time, the court has not received advice from the person charged under subsection (3) that the person charged has arranged for a legal representative or does not want the protected witness cross-examined, the court must make an order that the person charged be given free legal assistance by Legal Aid for the cross-examination of the protected witness by a lawyer.