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Summary of questions

Chapter 2: Competence

1 Is abolition of the competence requirement desirable? If so, which approach should be followed?

2 Are there other implications of abolishing the competence requirement?

Chapter 4: Assisting witnesses to give evidence: recent changes

3 Does receiving evidence in alternative ways assist or hinder the rational ascertainment of facts? In particular, does the use of closed-circuit television or videotaped evidence, which allows out-of-court testimony, operate as a barrier to the assessment of witness credibility?

4 Are there any current difficulties with the use of alternative ways of giving evidence?

Chapter 5: Assisting witnesses to give evidence: proposals for reform

5 Are there any other factors relevant to establishing need? Are those listed appropriate?

6 Should a mandatory application be made for intellectually disabled witnesses?

7 Are the proposed disclosure requirements of pre-trial videotapes appropriate in all contexts?

8 Should a defendant in a criminal case be eligible to give evidence in an alternative way?

9 Should all prosecution witnesses be entitled to give evidence on videotape at a preliminary hearing?

10 Should pre-trial cross-examination be available in some circumstances?

11 What are the implications of allowing all witnesses to give evidence in alternative ways?

Chapter 6: Support for witnesses

12 Who should be entitled to have a support person with them while giving evidence? Should a witness be entitled to a support person even when giving evidence in alternative way?

13 What role should a support person take?

14 When might it be appropriate to allow a witness to have with them more than one support person?

15 Who should be entitled to have an intermediary? Who should act as an intermediary?

16 What role should an intermediary take? Should an intermediary be allowed to rephrase questions?

17 When should there be a bar on personal cross-examination by an unrepresented party?

Chapter 7: Communication

18 Who should be entitled to an interpreter during a proceeding? Who should bear the cost of providing an interpreter?

Chapter 8: Fairness to the defendant in a criminal case

19 Do any of the proposals in this paper impact unfairly on the rights of a defendant in a criminal case?