7KGround rules hearing

7K Ground rules hearing

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

(1)  A judge must direct that a ground rules hearing be held for a prescribed witness in a specified proceeding.

(2)  The following persons must attend a ground rules hearing for a specified proceeding:

(a) the prosecutor;

(b) the legal practitioner representing the defendant or, if the defendant is unrepresented, the defendant;

(c) the witness intermediary.

(3)  A prescribed witness is not required to attend a ground rules hearing.

(4)  At a ground rules hearing for a prescribed witness, a judge may make any direction that the judge considers appropriate including any of the following:

(a) a direction about how the witness may be questioned;

(b) a direction about how long the witness may be questioned;

(c) a direction about the questions that may or may not be asked of the witness;

(d) a direction as to when the questions that are to be asked of the witness are to be provided to the witness intermediary;

(e) if there is more than one defendant, a direction about the allocation among the defendants of the topics about which the witness may be asked;

(f) a direction about the use of models, plans, body maps or other aids to help communicate a question or an answer.

(5)  If an assessment report has been made in respect of the prescribed witness, in making a direction under this section the judge is to consider any matters mentioned in that report.

(6)  Nothing in this section prevents a judge from directing that a subsequent ground rules hearing be held for a prescribed witness.