sec.21Meaning of special witness

### sec.21 Meaning of special witness In this division— special witness means— a child under 16 years; or a person who, in the court’s opinion would, as a result of a mental, intellectual or physical impairment or a relevant matter, be likely to be disadvantaged as a witness if required to give evidence in accordance with the usual rules and practice of the court; or a person who, in the court’s opinion would, if required to give evidence in accordance with the usual rules and practice of the court, be likely to— suffer severe emotional trauma; or be so intimidated as to be disadvantaged as a witness; or a person who is to give evidence about the commission of a serious criminal offence committed by a criminal organisation or a participant in a criminal organisation; or a person— against whom domestic violence has been or is alleged to have been committed by another person; and who is to give evidence about the commission of an offence by the other person; or a person— against whom a sexual offence has been, or is alleged to have been, committed by another person; and who is to give evidence about the commission of an offence by the other person. For the purpose of the definition of special witness , unless the contrary intention appears— a party to a proceeding may be a special witness; or in a criminal proceeding, the person charged may be a special witness. s 21 ins 2024 No. 48 s 15 (sec.21-ssec.1) In this division— special witness means— a child under 16 years; or a person who, in the court’s opinion would, as a result of a mental, intellectual or physical impairment or a relevant matter, be likely to be disadvantaged as a witness if required to give evidence in accordance with the usual rules and practice of the court; or a person who, in the court’s opinion would, if required to give evidence in accordance with the usual rules and practice of the court, be likely to— suffer severe emotional trauma; or be so intimidated as to be disadvantaged as a witness; or a person who is to give evidence about the commission of a serious criminal offence committed by a criminal organisation or a participant in a criminal organisation; or a person— against whom domestic violence has been or is alleged to have been committed by another person; and who is to give evidence about the commission of an offence by the other person; or a person— against whom a sexual offence has been, or is alleged to have been, committed by another person; and who is to give evidence about the commission of an offence by the other person. (sec.21-ssec.2) For the purpose of the definition of special witness , unless the contrary intention appears— a party to a proceeding may be a special witness; or in a criminal proceeding, the person charged may be a special witness. - (a) a child under 16 years; or - (b) a person who, in the court’s opinion would, as a result of a mental, intellectual or physical impairment or a relevant matter, be likely to be disadvantaged as a witness if required to give evidence in accordance with the usual rules and practice of the court; or - (c) a person who, in the court’s opinion would, if required to give evidence in accordance with the usual rules and practice of the court, be likely to— (i) suffer severe emotional trauma; or (ii) be so intimidated as to be disadvantaged as a witness; or - (i) suffer severe emotional trauma; or - (ii) be so intimidated as to be disadvantaged as a witness; or - (d) a person who is to give evidence about the commission of a serious criminal offence committed by a criminal organisation or a participant in a criminal organisation; or - (e) a person— (i) against whom domestic violence has been or is alleged to have been committed by another person; and (ii) who is to give evidence about the commission of an offence by the other person; or - (i) against whom domestic violence has been or is alleged to have been committed by another person; and - (ii) who is to give evidence about the commission of an offence by the other person; or - (f) a person— (i) against whom a sexual offence has been, or is alleged to have been, committed by another person; and (ii) who is to give evidence about the commission of an offence by the other person. - (i) against whom a sexual offence has been, or is alleged to have been, committed by another person; and - (ii) who is to give evidence about the commission of an offence by the other person. - (i) suffer severe emotional trauma; or - (ii) be so intimidated as to be disadvantaged as a witness; or - (i) against whom domestic violence has been or is alleged to have been committed by another person; and - (ii) who is to give evidence about the commission of an offence by the other person; or - (i) against whom a sexual offence has been, or is alleged to have been, committed by another person; and - (ii) who is to give evidence about the commission of an offence by the other person. - (a) a party to a proceeding may be a special witness; or - (b) in a criminal proceeding, the person charged may be a special witness.