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Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Procedure for taking oral evidence

97: Persons who may be present if oral evidence taken from complainant in case of sexual nature

You could also call this:

"Who can be in court with you if you're giving evidence about a sexual offence"

Illustration for Criminal Procedure Act 2011

If you are giving evidence in a court case about a sexual offence, some people can be in the courtroom with you. These people are the Judge, the prosecutor, the defendant, the defendant's custodian, any lawyers, court officers, the Police employee in charge of the case, and media people as defined in section 198(2). You can also ask for someone to be with you, and the Judge can let other people be there if they want to.

Before you start giving evidence, the Judge must make sure only allowed people are in the courtroom. The Judge must also tell you that you can ask for someone to be with you, as stated in the rules about people who can be present when you give evidence, which is connected to section 93(1). The Judge has to follow these rules to help keep you safe and comfortable while giving evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360162.

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96: Restriction on who may take oral evidence of complainant in case of sexual nature, or

"Only a Judge can hear your story in court if it's about a sexual offence."

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98: Application of subpart 5 of Part 3 of Evidence Act 2006, or

"Following special rules for giving evidence in court"

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Procedure for taking oral evidence

97Persons who may be present if oral evidence taken from complainant in case of sexual nature

  1. If, in accordance with an oral evidence order, oral evidence is taken from a complainant in a proceeding for an offence specified in section 93(1), no person may be present except the following:

  2. the Judge:
    1. the prosecutor:
      1. the defendant and any person who is for the time being acting as custodian of the defendant:
        1. any lawyer engaged in the proceedings:
          1. any officer of the court:
            1. the Police employee in charge of the case:
              1. any member of the media as defined in section 198(2):
                1. any person whose presence is requested by the complainant:
                  1. any person expressly permitted by the Judge to be present.

                    1. Before the complainant starts to give evidence, the Judge must—

                    2. ensure that no person other than those referred to in subsection (1) is present; and
                      1. advise the complainant of the complainant's right to request the presence of any person under subsection (1)(h).

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