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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Regulations

Regulations Relating to Sexual Offences Courts 2020

Chapter V : Services

18. Intermediary services for witnesses

 

(1) The senior official in charge of the intermediaries must ensure that there is a pool of intermediaries available who can be appointed as intermediaries in sexual offence cases at a designated court.

 

(2) The senior official referred to in subregulation (1) must take the necessary steps to recruit intermediaries to be appointed on an ad hoc basis, if there are not sufficient intermediaries employed at that court.

 

(3) The senior official referred to in subregulation (1) must keep a database of intermediaries who are available to provide intermediary services at an ad hoc basis.

 

(4) An intermediary must be mindful of the limitations and capacity of a complainant or a witness giving evidence, having regard to his or her form of vulnerability, age, physical and mental status and stage of development.

 

(5) An intermediary must request the court for a recess if it appears to him or her that a complainant or a witness who is giving evidence is fatigued or stressed.

 

(6) An intermediary must ensure that the immediate needs of a complainant or a witness who is giving evidence, are met.

 

(7) An intermediary must, before a complainant or a witness testifies, take the necessary steps to establish a rapport with the complainant or the witness.

 

(8) An intermediary must, during court proceedings, inform the court about—
(a) any change in the physical, emotional or mental behaviour of a complainant or a witness; and
(b) any communication problem with a complainant or a witness,which may affect the court proceedings.

 

(9) The intermediary must, after the complainant has given evidence, inform the court preparation officer or the victim assistance officer of the effect of giving evidence on the complainant.