Section 6A
Special hearing
of Evidence of Child Witness Act 2007
Where the Court directs that evidence of a child witness be given by way of a special hearing, the Court may determine the time and place where the special hearing shall be conducted and persons who may be present during the special hearing.
(2)
During the special hearing, a child witness shall be first examined-in-chief by the party to the proceedings who calls him, then, if the adverse party so desires, cross-examined then, if the party calling the child witness so desires, re-examined.
(3)
Where the evidence of a child witness has been given by way of a special hearing, the child witness shall not be recalled for further examination-in-chief, cross-examination or re-examination in the proceedings of the case unless the Court is satisfied that—
(a)
the examination is sought by a party to the proceedings as a result of that party having become aware, since the time when the evidence was recorded, of a matter which that party could not with reasonable diligence have ascertained by then; or
(b)
it is in the interest of justice to permit further examination of the child witness if his evidence appears to the Court essential to the just decision of the case.
(4)
A child witness during a special hearing may give evidence by means of having a screen between him and the accused or child charged with any offence or by means of a live link or combination of both.
(5)
For the purposes of this section, the Court may, where necessary, give any direction on any other matters relating to a special hearing as the Court considers appropriate.
Evidence of Child Witness 11