Text as at 1 July 2026

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365 When court must direct presence of support person for complainant

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Explained inBill clause 365

(1)If the witness is a complainant in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, the court must direct that an arrangement referred to in section 360(c) be made unless the court is satisfied that the complainant—

S. 365(1) amended by No. 30/2010 s. 70.

(a)is aware of the right of the complainant to have a support person when giving evidence; and

(b)does not wish to have a support person.

(2)Subsection (1) applies whether the witness is to give evidence in the courtroom or in another place.