Part II Giving of evidence or information for purposes of criminal proceedings
C1 Chapter II Protection of witnesses from cross-examination by accused in person
Cross-examination on behalf of accused
I1C239 Warning to jury.
1
Where on a trial on indictment F1with a jury an accused is prevented from cross-examining a witness in person by virtue of section 34, 35 or 36, the judge must give the jury such warning (if any) as the judge considers necessary to ensure that the accused is not prejudiced—
a
by any inferences that might be drawn from the fact that the accused has been prevented from cross-examining the witness in person;
b
where the witness has been cross-examined by a legal representative appointed under section 38(4), by the fact that the cross-examination was carried out by such a legal representative and not by a person acting as the accused’s own legal representative.
2
Subsection (8)(a) of section 38 applies for the purposes of this section as it applies for the purposes of section 38.
Pt. II Chs. I-III amended (1.9.2001) by 2001 c. 17, s. 57(2) (with ss. 56(2), 63(2), 78); S.I. 2001/2161, art. 2