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Cross-examine protected witness

Assessment criteria

For legal aid to be granted for the cross-examination of a protected witness the following must be satisfied:

  • The court has made an order pursuant to s 21O(2) of the Evidence Act 1977

Documentary requirements

A copy of the order made pursuant to s 21O(2) of the Evidence Act 1977, a copy of the transcript or a letter from the court confirming such order has been made.

Interpretation

A ‘protected witness’ includes:

  • children
  • intellectually impaired persons
  • victims of sexual offences
  • victims in serious offences of violence.

The scheme only applies:

  • trials and sentences in the supreme and district courts
  • committals.

Summary trials are excluded from the scheme.

Allocation of a solicitor

Representation for the cross-examination of a protected witness in the magistrates, district or Supreme Court will be provided on an in-house basis unless there is a conflict of interest.

Grant(s) of aid

Magistrates court

The grant of aid for representation in the magistrates court to cross examine protected witness(es) is WITA.

District court

The grant of aid for representation in the district court to cross examine a protected witness(es) is WITB.

Supreme Court

The grant of aid for representation in the Supreme Court to cross examine a protected witness(es) is WITC.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).

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