“support person” means a person appointed as a support person in terms of paragraph (ii) of section three hundred and nineteen B; “vulnerable witness” means a person for whom any measure has been or is to be taken in terms of section three hundred and nineteen B. 319B Measures to protect vulnerable witnesses If it appears to a court in any criminal proceedings that a person who is giving or will give evidence in the proceedings is likely— (a) to suffer substantial emotional stress from giving evidence or (b) to be intimidated, whether by the accused or any other person or by the nature of the proceedings or by the place where they are being conducted, so as not to be able to give evidence fully and truthfully; the court may, subject to this Part, do any one or more of the following, either mero motu or on the application of a party to the proceedings— (i) appoint an intermediary for the person; (ii) appoint a support person for the person; (iii) direct that the person shall give evidence in a position or place, whether in or out of the accused’s presence, that the court considers will reduce the likelihood of the person suffering stress or being intimidated: Provided that, where the person is to give evidence out of the accused’s presence, the court shall ensure that the accused and his legal representative are able to see and hear the person giving evidence, whether through a screen or by means of closed-circuit television or by some other appropriate means; (iv) adjourn the proceedings to some other place, where the court considers the person will be less likely to be subjected to stress or intimidation; (v) subject to section 18 of the Constitution, make an order in terms of the Courts and Adjudicating Authorities (Publicity Restriction) Act [Chapter 7:04] excluding all persons or any class of persons from the proceedings while the person is giving evidence. 319C Factors to be considered in deciding whether or not to protect vulnerable witness (1) When deciding whether or not to take any measure under section three hundred and nineteen B, the court shall pay due regard to the following considerations— (a) the vulnerable witness’s age, mental and physical condition and cultural background; and (b) the relationship, if any, between the vulnerable witness and any other party to the proceedings; and (c) the nature of the proceedings; and (d) the feasibility of taking the measure concerned; and (e) any views expressed by the parties to the proceedings; and (f) the interests of justice. (2) To assist the court in deciding whether or not to take any measures under section three hundred and nineteen B, the court may interview the vulnerable witness concerned out of the sight and hearing of the parties to the proceedings: Provided that at such an interview the merits of the case shall not be canvassed or discussed. 319 D Court to give parties opportunity to make representations Before taking a measure under section three hundred and nineteen B, the court shall afford the parties to the proceedings an opportunity to make representations in the matter. 319E Court may rescind measure taken to protect vulnerable witness Without derogation from any other law, a court may at any time rescind a measure taken by it under section three hundred and nineteen B, and shall do so if the court is satisfied that it is in the interests of justice to do so. 319F ersons who may be appointed as intermediaries or support persons (1) Except in special circumstances, which the court shall record, a court shall not appoint a person as an intermediary unless that person— (a) is or has been employed by the State as an interpreter in criminal cases; and (b) has undergone such training in the functions of an intermediary as the Minister may approve. (2) In appointing a support person for a vulnerable witness, the court shall select a parent, guardian or other relative of the witness, or any other person who the court considers may provide the witness with moral support whilst the witness gives evidence. 319G Functions of intermediary or support person (1) Where an intermediary has been appointed for a vulnerable witness, no party to the criminal proceedings concerned shall put any question to the vulnerable witness except through the intermediary: 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—