Evidence (Children and Special Witnesses) Act 2001
7FMeaning of communication need
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7F Meaning of communication need
[Section 7F Inserted by No. 26 of 2020, s. 12, Applied:01 Mar 2021]
(1) For the purposes of this Part, a witness who is to give evidence in a specified proceeding will be taken to have a communication need if the quality or clarity of evidence given by the witness may be significantly diminished by the witness’s ability to understand, process or express information.
(2) Subsection (1) applies regardless of whether –
(a) the witness’s communication need is temporary, permanent or reoccurring; or
(b) the degree of severity of the witness’s communication need changes over time or due to circumstances; or
(c) the witness’s communication need is caused by disability, illness, injury, trauma or some other cause.
(3) A witness is not to be taken as having a communication need solely because the witness does not have a knowledge of the English language that is sufficient to enable the person to understand questioning.