Western Australian Current Acts

EVIDENCE ACT 1906 - SECT 25A

25A .         Cross-examination by accused in person

        (1)         In any criminal proceeding where an accused person who is not represented by counsel wishes to cross-examine a witness, the court, having regard to the nature of the charge, the wishes of the witness, and the availability of any necessary facilities or equipment, may —

            (a)         order that during the cross-examination the accused person and the witness are to be in separate rooms and that either —

                  (i)         the witness is to be in a room outside the courtroom that is connected to the courtroom by a video link as defined in section 120; or

                  (ii)         the accused person is to be held in a room outside the courtroom that is connected to the courtroom by a video link as defined in section 120;

            (b)         if it is not possible to make an order under paragraph (a), an order that during the cross-examination the accused person and the witness are to be separated by a screen, one-way glass, or other device, that —

                  (i)         prevents the witness from seeing the accused person; and

                  (ii)         allows the accused person, the judge and any jury to see the witness;

            (c)         whether or not an order is made under paragraph (a) or (b), make an order that forbids the accused person from putting a question to the witness directly and requires the question, having been first stated by the accused person to the judge or a person approved by the judge, to be repeated accurately to the witness by the judge or approved person.

        (2)         An order made under subsection (1)(a)(ii) may be made despite section 88 of the Criminal Procedure Act 2004 .

        (3)         An order made under subsection (1) may be varied or revoked at any time.

        (4)         If an order is made under subsection (1) in proceedings before a jury, the judge is to instruct the jury that the procedure used for the cross-examination is a routine practice of the court and that they should not draw any inference as to the accused person’s guilt from the use of the procedure.

        (5)         This section is in addition to and does not limit the operation of sections 106A to 106T, and does not prevent orders from being made under both subsection (1) and one or more of those sections.

        [Section 25A inserted: No. 59 of 2004 s. 87; amended: No. 84 of 2004 s. 41.]