275BWitness with communication difficulty entitled to assistance from person or communication aid

275B Witness with communication difficulty entitled to assistance from person or communication aid

275B Witness with communication difficulty entitled to assistance from person or communication aid

(1) In any criminal proceedings, a witness who has difficulty communicating is entitled to use a person or persons who may assist the witness with giving evidence, but only if the witness ordinarily receives assistance to communicate from such a person or persons on a daily basis.

(2) In any criminal proceedings, a witness who has difficulty communicating is entitled to use a communication aid to assist the witness with giving evidence, but only if the witness ordinarily uses such an aid to assist him or her to communicate on a daily basis.

(3) To the extent that the court considers it reasonable to do so, the court must make whatever direction is appropriate to give effect to a witness’ right to use a person or persons, or to use a communication aid, under this section when the witness is giving evidence.

(4) The provisions of the Evidence Act 1995 apply to and in respect of a person who gives a witness assistance under this section in the same way as they apply to and in respect of an interpreter under that Act.

(5) In this section—

communication aid includes any thing, whether electronic or otherwise, that can be used to assist in communication.

s 275B: Ins 2006 No 88, Sch 1 [4].