Justices Act 1959
38Representation of parties by counsel, &c.
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38 Representation of parties by counsel, &c.
(1) [Section 38 Subsection (1) substituted by No. 23 of 2009, s. 21, Applied:16 Jun 2009] A complainant may, in person or by the complainant's lawyer, conduct his or her case and examine and cross-examine witnesses.
(2) [Section 38 Subsection (2) substituted by No. 23 of 2009, s. 21, Applied:16 Jun 2009] A defendant must, in person or by the defendant's lawyer, be admitted to make his or her full answer and defence to the complaint and to examine and cross-examine witnesses.
(3) [Section 38 Subsection (3) substituted by No. 23 of 2009, s. 21, Applied:16 Jun 2009] If the complainant is a public officer, the complainant may, in person or by the complainant's lawyer or another public officer, conduct his or her case and examine and cross-examine witnesses.
(4) With the consent of the justices, a police officer may conduct the case of any complainant, and examine and cross-examine witnesses.