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Evidence (Miscellaneous Provisions) Act 1991
49Witness may have support person in court
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49 Witness may have support person in court
(1) A court must, in a relevant proceeding, on application by a party who
intends to call a witness, order that the witness have a person
(a support person) in the court close to the witness, and within the
witness’s sight, while the witness gives evidence.
(2) The court may order that a witness have more than 1 support person
if it considers it is in the interests of justice.
(3) The support person must not—
(a) speak for the witness during the relevant proceeding; or
(b) otherwise interfere in the proceeding.
(4) Unless the court otherwise orders, the support person must not be, or
be likely to be, a witness or party in the proceeding.
(5) If the relevant proceeding is a trial by jury, the court must tell the jury
(a) a witness having a support person in the court while giving
evidence is a usual practice; and
or give the evidence more or less weight, because the support
person is present.