Crimes Act 1914

Part IAD - Protecting vulnerable persons  

Division 1 - Introduction  

SECTION 15YAB   Special witnesses  

Meaning of special witness

(1)    
In a proceeding for a Commonwealth offence, the court may declare a person to be a special witness in relation to the proceeding if satisfied that the person is unlikely to be able to satisfactorily give evidence in the ordinary manner because of:

(a) a disability; or

(b) intimidation, distress or emotional trauma arising from:

(i) the person ' s age, cultural background or relationship to a party to the proceeding; or

(ii) the nature of the evidence; or

(iii) some other relevant factor.

Note:

Such a declaration can also be made in a related proceeding (see subsection 15Y(5) ).

(2)    
A declaration under subsection (1) may be made on the court ' s own initiative or on application by or on behalf of a party to the proceeding.

Orders that certain protections apply to a special witness

(3)    
In a special witness proceeding, the court may order that one or more of the following sections apply to a special witness:

(a) section 15YG (about unrepresented defendants);

(b) section 15YH (about represented defendants);

(ba) section 15YHA (about cross-examinations at committal proceedings);

(c) section 15YI (about closed-circuit television);

(d) section 15YL (about alternative arrangements);

(e) section 15YM (about use of video recordings);

(f) section 15YO (about accompanying adults);

(g) section 15YP (about excluding people from the courtroom).

(4)    
An order under subsection (3) may be made on the court ' s own initiative or on application by or on behalf of the special witness.