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EVIDENCE ACT 1906 - SECT 106F

EVIDENCE ACT 1906 - SECT 106F

106F .         Child witness may be given assistance

        (1)         Where a child is to give evidence in any proceeding in a court, the court may appoint a person that it considers suitable and competent to act as a communicator for the child.

        (2)         The function of a person appointed under this section is, if requested by the judge, to communicate and explain —

            (a)         to the child questions put to the child; and

            (b)         to the court, the evidence given by the child.

        (3)         A person appointed under this section is to take an oath or make a declaration, in such form as the court thinks fit, that he or she will faithfully perform his or her function under subsection (2).

        (4)         A person appointed under this section who, while performing or purportedly performing his or her function under subsection (2), wilfully makes any false or misleading statement to the child or to the court commits a crime and is liable on conviction to imprisonment for 5 years.

        [Section 106F inserted: No. 36 of 1992 s. 8; amended: No. 4 of 2004 s. 58; No. 46 of 2004 s. 17; No. 2 of 2008 s. 47.]