Criminal Procedure Amendment Act

1. The follouing section is hereby substituted for section 170 of the Criminal 5 Procedure Act. 1977: “Evidence through intermediaries 170A. (1) Whenever criminal proceedings are pending before any court and it appears to such court that it would expose any witness under the age of eighteen years to undue mental stress or suffering if he orshe testifies at 10 such proceedings. the court may, subject competent person as an intermediary in order to enable such witness to give his to subsection (4), appoint a evidence through that intermediary. ( 2 ) ( u ) No examination. cross-examination or re-examination of any nitness in respect of u.horn a court has appointed subsection (1). except examination by the court, shall take place manner other than through that intermediary. an intermediar), under 15 in any ( / I ) The said intermediary may. unless the court directs otheru.ise, con\’ey the general purport of any question t o the relevant witness. ( 3 ) I f a court appoints an intermediary under subsection that the relevant witness shall give his evidence may direct place- ( N ) ukich is informally arranged to set that witness (11) \vhich I S so situated tha; any person whose presence lvitness. is outside the sight and hearing of that witness: at ease: ( I ) . the court 10 at any may upset that and 15 (c) which enables the court and any person whose presence is necessary at the relevant proceedi7gs to see and hear, either directly or through the medium of any electronic or other devices, that intermediary as well as that witness during his testimony. (4) ( r ~ l The Minister may by notice in the C r r x f t e determine the persons or the category or class of persons who are competent to De appointcd as intermediaries. ( / I ) An intermediary who is not in the full-time employment of the State in as the P1iniatc.r. with the shall be paid such travelling and subsistence and other allowmces respect of the services rendered by him or her c o n c ~ ~ r r e n c e of the Minister of Finance. may determine. ( 5 ) l r i i No oath, affirmation or admonition Mhich has been administered through x 1 intermediary In terms of section 165 shall be i n \ x l i t l and no avidence which inadrnissible solely on account o f the fact that such intermediary was not competent to be appointed as 31-1 intermediary in terms of LI regulation referred to in subsection ( - 4 ) ( l f ) . at the tune when such oath, aftirrmation or admonition was administered or such evidence was presented. I.hrough an intermediary shall be has been presented ( / I ) I f i n :my proceedings it appears to ;L court that an oath. aflirmation or admonition was administtxd or that ebidence has been presented through in good faith but. at the time o f such a n intermediary who was appointcd appointment, was not quAificd to be appointed as an interrnediary in terms of a regulation referred 1 0 in subsection ( ~ ) ( L I ) , the court must make a or the finding as to the validity of that oath, affirmation or admonition admissibility of that evidmce, as the casc may be. with due rzgard to- ( i ) the reason why the intermediary concerned was not qualified to appointed as an intermediary. and the likelihood that the reason concerned will affect the reliability adversely; (ii) the mental stress or in respect of whom 5LIffering which the witness. that intermediary wa> appointed, w i l l be exposed to if that evidence is to be presented anew, whether by the witness in person or through another intermediary: and so presented of the evidence be (iii) the likelihood that real and substantial justice w i l l be impaired i f that evidence is admitted. (6) ( a j Subsection (5) does not prevent the prosecution from presenting anew any evidence which was presented through an intermediary referred to in that subsection. 10) The provisions of subsection (5) shall also be applicable in respect of an intermediary referred to all cases where appointed. and in respect o f which. at the time of the commencement o f that subsection- ( i ) (ii) the court considering an appeal has not delivered judgmeg”. in that subsection has been the trial court; or or review. Short title

2. This Act is called the Criminal Procedure Amendment Act. 1001