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; 118