New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 275B

275B Witness with communication difficulty entitled to assistance from person or communication aid

(1) In any criminal proceedings, a witness who has difficulty communicating is entitled to use a person or persons who may assist the witness with giving evidence, but only if the witness ordinarily receives assistance to communicate from such a person or persons on a daily basis.

(2) In any criminal proceedings, a witness who has difficulty communicating is entitled to use a communication aid to assist the witness with giving evidence, but only if the witness ordinarily uses such an aid to assist him or her to communicate on a daily basis.

(3) To the extent that the court considers it reasonable to do so, the court must make whatever direction is appropriate to give effect to a witness' right to use a person or persons, or to use a communication aid, under this section when the witness is giving evidence.

(4) The provisions of the Evidence Act 1995 apply to and in respect of a person who gives a witness assistance under this section in the same way as they apply to and in respect of an interpreter under that Act.

(5) In this section--

"communication aid" includes any thing, whether electronic or otherwise, that can be used to assist in communication.