Australian Capital Territory Consolidated Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 38E

    (1)     This section applies to the complainant or a similar act witness (the "witness") giving evidence in—

        (a)     a sexual offence proceeding; or

        (b)     a violent offence proceeding in relation to a serious violent offence; or

        (c)     a violent offence proceeding in relation to a less serious violent offence if—

              (i)     the witness is a relevant person in relation to the accused person; or

              (ii)     the court considers that the witness has a vulnerability that affects the witness's ability to give evidence because of the circumstances of the proceeding or the witness's circumstances.

Examples—par (c) (ii)

1     the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence

2     the witness is intimidated or distressed because of the witness's relationship to the accused person

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     For subsection (1) (c) (ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

    (3)     The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person ) in the court close to, and within the witness's sight, while the witness gives evidence.

    (4)     The court may order that a witness have more than 1 support person if it considers it is in the interests of justice.

    (5)     The support person must not—

        (a)     speak for the witness during the proceeding; or

        (b)     otherwise interfere in the proceeding.

    (6)     Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.

    (7)     If the proceeding is a trial by jury, the court must tell the jury that—

        (a)     a witness having a support person in the court while giving evidence is a usual practice; and

        (b)     the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.