CRIMINAL PROCEDURE AND EVIDENCE ACT
Provided that the court may put any question to the witness directly or through the intermediary.
(2) Subject to any directions given by the court, an intermediary—
(a) shall be obliged to convey to the vulnerable witness concerned only the substance and
effect of any question put to the witness;
(b) may relay to the court the vulnerable witness's answer to any question put to the witness:
Provided that when doing so the intermediary shall, so far as possible, repeat to the court the
witness's precise words.
(3) Where a support person has been appointed for a vulnerable witness, the support person
shall be entitled to sit or stand near the witness whilst the witness is giving evidence in order to
provide moral support for the witness, and shall perform such other functions for that purpose
as the court may direct.
319H Weight to be given to evidence of witness for whom
intermediary or support person appointed
When determining what weight, if any, should be given to the evidence, of a vulnerable witness for whom an intermediary or a support person has been appointed, the court shall pay due
regard to the effect of the appointment on the witness's evidence and on any cross-examination
of the witness.
[Part as inserted by s. 9 of Act No. 8 of 1997.]
PART XV
DISCHARGE OF ACCUSED PERSONS
320 Dismissal of charge in default of prosecution
(1) If the prosecutor, whether public or private, does not appear on the court day appointed
for the trial, the accused may move the court to discharge him, and the indictment, summons or
charge may be dismissed and, when the accused or any other person on his behalf has been
bound by recognizance for the appearance of the accused so to take his trial, may further move
the court that such recognizance be discharged, and such recognizance may thereupon be
discharged.
(2) Where the indictment is at the instance of a private party, the accused may move the
court that the private prosecutor and his sureties shall be called on their recognizance and, in
default of his appearance, that the same be estreated and the accused may also apply for an
order directing the private prosecutor to pay the costs incurred by the accused in preparing his
defence.
(3) Nothing in this section shall be construed as depriving the Prosecutor-General, or public
prosecutor with his authority or on his behalf, of the right of withdrawing any indictment,
summons or charge at any time before the accused has pleaded, and lodging a fresh indictment
or charge or issuing and serving a fresh summons for hearing before the same or any other
competent court.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
321 Liberation of accused persons
Any person who is acquitted on any indictment, summons or charge or whose case has been
dismissed for want of prosecution shall forthwith be discharged from custody.
322 Further proceedings against accused discharged for want of prosecution
or whose recognizance has expired
(1) A person who—
(a) has been discharged in terms of section three hundred and twenty-one for want of
prosecution; or
(b) has been admitted to bail but not duly brought to trial;
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