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Evidence Act 2006

Trial process - Support, communication assistance, and views

81: Communication assistance need not be provided in certain circumstances

You could also call this:

"No help with understanding is needed if the Judge thinks you can follow the court case."

Illustration for Evidence Act 2006

You might not get communication assistance in court if the Judge thinks you can understand what is happening. The Judge will consider if you can understand the court case and if you can answer questions properly when you speak. You need to be able to understand questions and answer them well for the Judge to decide this.

If you are a witness in a court case, you might not get communication assistance either. The Judge will think about whether you can understand questions and answer them properly. This applies to both civil and criminal court cases.

The Judge gets to decide what kind of communication assistance you will get if you need it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393910.

Topics:
Crime and justice > Courts and legal help
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80: Communication assistance, or

"Help to understand and take part in a court case"

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82: Views, or

"When the court visits a place to help decide a case"

Part 3Trial process
Support, communication assistance, and views

81Communication assistance need not be provided in certain circumstances

  1. Communication assistance need not be provided to a defendant in a criminal proceeding if the Judge considers that the defendant—

  2. can sufficiently understand the proceeding; and
    1. if the defendant elects to give evidence, can sufficiently understand questions put orally and can adequately respond to them.

      1. Communication assistance need not be provided to a witness in a civil or a criminal proceeding if the Judge considers that the witness can sufficiently understand questions put orally and can adequately respond to them.

      2. The Judge may direct what kind of communication assistance is to be provided to a defendant or a witness.