Page 3552 - Week 09 - Thursday, 21 August 2008
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
(ii) the court considers that the witness has a disability 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).
(1A) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.
7
Clause 8
Proposed new section 38D (1)
Page 8, line 14—
omit proposed new section 38D (1), substitute
(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 disability 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).
8
Clause 9
Proposed new section 39 (1)
Page 9, line 13—
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .