QLDIn ForceAct
Evidence Act 1977
sec.21OProcedure for cross-examination of protected witness if person charged has no legal representative
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### sec.21O Procedure for cross-examination of protected witness if person charged has no legal representative
This section applies if—
a person charged does not have a legal representative for a proceeding; and
the court rules that a person is a protected witness for the proceeding.
The court must advise the person charged present before the court that—
the person charged may not cross-examine the protected witness in person; and
the court will arrange for the person charged to be given free legal assistance by Legal Aid for the cross-examination unless the person charged—
arranges for legal representation; or
does not want the protected witness to be cross-examined.
The court must also require the person charged to advise the court by a particular date or time the court considers reasonable if the person charged—
has arranged for a legal representative to act for the person charged for the proceeding; or
has arranged for a legal representative to act for the person charged for cross-examination of the protected witness; or
does not want the protected witness to be cross-examined.
If, by the particular date or time, the court has not received advice from the person charged under subsection (3) that the person charged has arranged for a legal representative or does not want the protected witness cross-examined, the court must make an order that the person charged be given free legal assistance by Legal Aid for the cross-examination of the protected witness by a lawyer.
s 21O ins 2000 No. 43 s 47
(sec.21O-ssec.1) This section applies if— a person charged does not have a legal representative for a proceeding; and the court rules that a person is a protected witness for the proceeding.
(sec.21O-ssec.2) The court must advise the person charged present before the court that— the person charged may not cross-examine the protected witness in person; and the court will arrange for the person charged to be given free legal assistance by Legal Aid for the cross-examination unless the person charged— arranges for legal representation; or does not want the protected witness to be cross-examined.
(sec.21O-ssec.3) The court must also require the person charged to advise the court by a particular date or time the court considers reasonable if the person charged— has arranged for a legal representative to act for the person charged for the proceeding; or has arranged for a legal representative to act for the person charged for cross-examination of the protected witness; or does not want the protected witness to be cross-examined.
(sec.21O-ssec.4) If, by the particular date or time, the court has not received advice from the person charged under subsection (3) that the person charged has arranged for a legal representative or does not want the protected witness cross-examined, the court must make an order that the person charged be given free legal assistance by Legal Aid for the cross-examination of the protected witness by a lawyer.
- (a) a person charged does not have a legal representative for a proceeding; and
- (b) the court rules that a person is a protected witness for the proceeding.
- (a) the person charged may not cross-examine the protected witness in person; and
- (b) the court will arrange for the person charged to be given free legal assistance by Legal Aid for the cross-examination unless the person charged— (i) arranges for legal representation; or (ii) does not want the protected witness to be cross-examined.
- (i) arranges for legal representation; or
- (ii) does not want the protected witness to be cross-examined.
- (i) arranges for legal representation; or
- (ii) does not want the protected witness to be cross-examined.
- (a) has arranged for a legal representative to act for the person charged for the proceeding; or
- (b) has arranged for a legal representative to act for the person charged for cross-examination of the protected witness; or
- (c) does not want the protected witness to be cross-examined.