Part 3Trial process
Support, communication assistance, and views
79Support persons
A complainant, when giving evidence in a criminal proceeding, is entitled to have 1 person, and may, with the permission of the Judge, have more than 1 person, near him or her to give support.
A child witness, when giving evidence in a criminal proceeding, is entitled to have 1 person, and may, with the permission of the Judge, have more than 1 person, near him or her to give support.
Any other witness, when giving evidence in any proceeding, may with the permission of the Judge, have 1 or more support persons near him or her to give support.
Subsections (1), (1A), and (2) apply whether the witness or complainant gives evidence in an alternative way or in the ordinary way.
Despite subsections (1), (1A), and (2), the Judge may, in the interests of justice, direct that support may not be given to a complainant or a child witness or other witness by—
- any person; or
- a particular person.
A complainant or a child witness or other witness who is to have a support person near him or her while giving evidence must, unless the Judge orders otherwise, disclose to all parties as soon as practicable the name of each person who is to provide that support.
The Judge may give directions regulating the conduct of a person providing or receiving support under this section.
Notes
- Section 79(1A): inserted, on , by section 24(1) of the Evidence Amendment Act 2016 (2016 No 44).
- Section 79(2A): inserted, on , by section 24(2) of the Evidence Amendment Act 2016 (2016 No 44).
- Section 79(3): replaced, on , by section 24(3) of the Evidence Amendment Act 2016 (2016 No 44).
- Section 79(4): amended, on , by section 24(4) of the Evidence Amendment Act 2016 (2016 No 44).


