| (1) |
The court preparation programme is the programme developed by the National Prosecuting Authority, which was accredited with the Health and Welfare Sector Education and Training Authority in terms of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and which is aimed at familiarising complainants and witnesses in sexual offence cases with the court environment, with a view to preparing them to testify in court and providing assistance and support to them, in line with the standard operating procedures for court preparation officers. |
| (a) |
A court preparation programme must be operational at a designated court. |
| (b) |
The persons involved in the criminal justice system must be made aware of the court preparation programme. |
| (3) |
A court preparation programme must be conducted by a court preparation officer or a victim assistance officer, available at a designated court on a full-time or part-time basis, in accordance with the approved National Prosecution Policy and Model. |
| (4) |
A court preparation officer or a victim assistance officer may not conduct a court preparation programme unless he or she has received training in the court preparation programme. |
| (5) |
A court preparation officer or a victim assistance officer may not— |
| (a) |
engage in discussions with the complainant on the merits of the case when conducting a court preparation programme or assisting the complainant; |
| (b) |
tell the complainant what to say in court; and |
| (c) |
have access to the docket. |
| (6) |
Subject to subregulation (7), a court preparation programme must be conducted with a complainant who has to testify in a designated court before testifying in court. |
| (7) |
The prosecutor may, if he or she deems it appropriate in the circumstances, dispense with the requirement provided for in subregulation (6). |
| (8) |
The needs of a complainant must be identified by the court preparation officer or the victim assistance officer after the court preparation programme has been conducted and he or she must in writing inform, without delay, the— |
| (a) |
relevant prosecutor and if necessary, the senior public prosecutor: |
| (b) |
intermediary, if applicable; and |
| (c) |
court manager, if his or her intervention is required, |
of such needs in order to ensure that these needs, to the extent possible, are met.
| (9) |
An interpreter must be available, if required, to assist the court preparation officer or victim assistance officer during a court preparation programme. |
| (10) |
A prosecutor must refer complainants to the court preparation officer, victim assistance officer, or the senior public prosecutor before testifying in court in order to ensure that the following arrangements are made: |
| (a) |
Assistance for the complainant in his or her language of choice; and |
| (b) |
reasonable accommodation of the needs of complainants with disabilities when they arrive at court. |
| (11) |
The court preparation officer or victim assistance officer must facilitate the referral of a complainant to an appropriate professional service provider for continuum of care, if the complainant requires such service. |
South African Institute for Drug Free Sport Act, 1997
