Where the defendant is unrepresented and is prevented from cross-examining in person, he may appoint a legal representative for that purpose. Where he does not the court must consider whether it should appoint a legal representative. Where the accused is not allowed to cross-examine in person, the judge must warn the jury against any possible prejudice. The Bill makes new provision for the protection of complainants in proceedings for sexual offences. Unwarranted cross-examination as to the complainant's past sexual history will be restricted except with the leave of the court in certain limited circumstances.
Chapter V introduces a new statutory scheme replacing the old common law and statutory rules.
But a person is not competent to give evidence if it appears to the court that he is not able to understand questions put to him as a witness, and cannot give answers which can be understood. Section 80 of the Police and Criminal Evidence Act 1984 is amended so that it now relates solely to the compellability of husbands and wives who are competent. The court may determine a witness's competence should that be questioned by the court, the prosecution or the defence. Unsworn evidence by persons who cannot be sworn may be received. There are penalties for false unsworn evidence.