365. When court must direct presence of support person for complainant

365. When court must direct presence of support person for complainant

(1) If the witness is a complainant, the court must direct that an arrangement referred to in section 360(c) be made unless the court is satisfied that the complainant—

(a) is aware of the right of the complainant to have a support person when giving evidence; and

(b) does not wish to have a support person.

(2) Subsection (1) applies whether the witness is to give evidence in the courtroom or in another place.

This provision, unlike some others in Part 8.2, is couched in mandatory terms. Some courts require that the prosecution file a notice signed by the complainant if it is their intention to lead evidence from the witness in the courtroom.