389AApplication of Division

389A Application of Division

S. 389A(1)(b) substituted by No. 5/2025 s. 43.

(c) an indictable offence which involves an assault on, or injury or a threat of injury to, a person; or

(d) any offences against section 23 or 24 of the Summary Offences Act 1966 if the offences are related offences to an offence specified in paragraph (a) or (c), despite whether any such related offences are withdrawn or dismissed before an offence against section 23 or 24 of the Summary Offences Act 1966 is heard and determined.

(2) This Division applies at any stage of the criminal proceeding, including an appeal or rehearing.

S. 389A(3) substituted by No. 38/2022 s. 69.

(3) This Division applies to—

(a) a witness (including a complainant) other than the accused in a criminal proceeding referred to in subsection (1) if the witness is—

(i) a person under the age of 18 years; or

(ii) a person with a cognitive impairment; and

(b) a witness who is a complainant in relation to a charge for a sexual offence.

(4) In this Division, witness means a witness referred to in subsection (3).

S. 389AB inserted by No. 38/2022 s. 70.

389AB Ground rules hearings

A ground rules hearing is a hearing at which the court—

(a) considers the communication, support or other needs of witnesses; and

(b) decides how the proceeding is to be conducted to fairly and effectively meet those needs.

S. 389B inserted by No. 5/2018 s. 25.