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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 VI : Special Measures in respect of hearings

25. Manner of dealing with complainants and witnesses

 

Court officials must, during court proceedings, when interacting with a complainant or a witness—

(a) use simple vocabulary and avoid technical terms;
(b) inform or explain to a complainant or a witness any concept or question in a manner appropriate to his or her form of vulnerability, age, maturity and stage of development if the complainant or the witness is a child, or a person's intellectual disability;
(c) give enough detail so that a complainant or a witness understands the information conveyed to him or her;
(d) allow sufficient time so that a complainant or a witness can absorb the information conveyed to him or her;
(e) elicit responses from a complainant or a witness by asking questions in order to ensure that he or she understands the information conveyed to him or her;
(f) ensure that the atmosphere is conducive to participation by a complainant or a witness; and
(g) be sensitive to the needs of a complainant or a witness and the fact that he or she may be confused and may be experiencing anxiety and may feel intimidated.