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CRIMINAL PROCEDURE ACT 2009 - SECT 389J

Appointment of intermediaries

    (1)     A court may appoint an intermediary for a witness from the panel established under this Division.

Notes

1     Section 337(1) enables this appointment to be made by the court on the application of a party or on its own motion.

2     Section 337(2) provides that this appointment may be varied or revoked.

    (2)     An application for a court to appoint an intermediary may be made orally or in writing.

    (3)     A court must not appoint an intermediary for a witness if the court is satisfied that the witness

        (a)     is aware of the right of the witness to make an application for an intermediary to be appointed; and

        (b)     is able and wishes to give evidence in the criminal proceeding without the assistance of an intermediary.

    (4)     A court must not appoint a person as an intermediary for a witness if the person—

        (a)     is a relative, friend or acquaintance of the witness or the accused; or

        (b)     has assisted the witness (other than as an intermediary) or the accused in a professional capacity; or

        (c)     is a party or potential witness (other than by reason of the person's role as an intermediary) in the relevant proceeding.

S. 389K inserted by No. 5/2018 s. 25.



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