Part 5: Protection for victims and witnesses in court Section 66: Prohibition of cross-examination in person in civil proceedings New section 85K – Alternatives to cross-examination in person
Where a person is prohibited from cross-examining another in person, section 85K makes provision for the court to consider whether there are satisfactory alternatives to cross examination in person. If the court considers there are none, then it must invite the person affected to arrange for a qualified legal representative to act for him or her for the purpose of cross-examining the witness and require them to notify the court by the end of a specified period whether a qualified legal representative is to act for them for that purpose. If the person does not do so, then the court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative, and, if so, the court must appoint a qualified legal representative for that purpose.