7IAssessment report

7I Assessment report

[Section 7I Inserted by No. 26 of 2020, s. 12, Applied:01 Mar 2021]

(1)  A judge is to make an order that an assessment report be prepared and provided to the judge by a witness intermediary in respect of a witness in a specified proceeding if that witness is –

(a) a child upon or in respect of whom the specified offence is alleged to have been committed; or

(b) a child, other than the defendant, who is to give evidence in respect of the specified offence; or

(c) an adult –

(i) upon or in respect of whom the specified offence is alleged to have been committed; and

(ii) who has been identified by the judge, or any lawyer appearing in the specified proceeding, as a person who may have a communication need; or

(d) an adult, other than the defendant –

(i) who is to give evidence in respect of the specified offence; and

(ii) who has been identified by the judge, or any lawyer appearing in the specified proceeding, as a person who may have a communication need.

(2)  An order under subsection (1) is to be made by the judge as early as practicable before the witness may be required to give evidence.

(3)  A judge is not to make an order under subsection (1) if the judge is satisfied that –

(a) it is unnecessary or inappropriate to make the order; or

(b) [Section 7I Subsection (3) amended by No. 2 of 2023, s. 31, Applied:20 Apr 2023] .  .  .  .  .  .  .  .  

(c) the making of the order would be contrary to the interests of justice.

(4)  Subject to subsection (5) , the judge is to provide a copy of an assessment report provided in respect of a prescribed witness in a specified proceeding to the prosecutor and defendant in the proceeding.