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| Ligne 253 : |
Ligne 253 : |
| 2015, ch. 13, art. 16. | | 2015, ch. 13, art. 16. |
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| ; Accused not to cross-examine complainant — certain offences
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| (2) In any proceedings against an accused in respect of an offence under any of sections 264 {{AnnSec2|264}}, 271 {{AnnSec2|271}}, 272 {{AnnSec2|272}} and 273 {{AnnSec2|273}}, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
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| ; Other witnesses
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| (3) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) {{AnnSec4|486.3(1)}} or (2) {{AnnSec4|486.3(2)}}, or on application of such a witness, order that the accused not personally cross-examine the witness if the judge or justice is of the opinion that the order would allow the giving of a full and candid account from the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. If the order is made, the judge or justice shall appoint counsel to conduct the cross-examination.
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| ; Application
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| (4.1) An application referred to in any of subsections (1) to (3) {{AnnSec4|486.3(1) to (3)}} may be made during the proceedings to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
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| ; No adverse inference
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| (5) No adverse inference may be drawn from the fact that counsel is, or is not, appointed under this section.
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| {{LegHistory00s|2005, c. 32}}, s. 15;
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| {{LegHistory10s|2015, c. 13}}, s. 16.
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| {{Annotation}} | | {{Annotation}} |
| |{{CCCSec2|486.3}} | | |{{CCCSec2|486.3}} |
