(1) Where the witness is the complainant in the case and is less than 12 years of age, he or she shall be taken to be a vulnerable witness and shall give evidence in a manner described in subsection (5) (a), (b) or (c) as directed by the judge, and the judge may also apply other measures outlined in subsections (5) (d) to (i) in relation to that testimony.
(2) In any case other than in subsection (1) the judge may, either on the application of a party or a witness or on the judge's own initiative, direct that a vulnerable witness or any other person or witness is to give evidence in a manner described in subsection (5). (Amended by Act 14 of 2011)
(3) Subject to subsection (4), the prosecution shall apply to the court directly in accordance with subsection (2) in relation to the complainant in any serious sexual offence case.
(4) The complainant may waive the requirements of subsection (3).
(5) Where a judge makes a direction under subsections (1) or (2), the judge may in addition direct that—
(a) the witness gives evidence while in the courtroom but unable to see the defendant or specified party or witness by virtue of a screen or other device provided that the screen or other device does not prevent the witness from seeing or being seen by—
(i) the judge or jury,
(ii) the legal representatives acting in the proceedings, and
(iii) any interpreter or other person appointed to assist; or
(b) the witness gives evidence from an appropriate place outside the courtroom, either in Saint Lucia or elsewhere by means of technology which allows for the witness to see and or hear a person in the courtroom and be seen and heard by the persons listed in paragraph (a) (i) (ii) and (iii);
(c) a video recording of an interview of the witness, or a portion thereof made before the hearing be admitted as evidence in chief;
(d) where the examination-in-chief is tendered in accordance with paragraph (c), cross-examination and any re-examination be video-recorded and any such recording or a portion thereof be admitted as the evidence of the witness on cross-examination or re-examination;
(e) no person other than those specified in paragraph (a) and the accused be present in the courtroom during the giving of the testimony;
(f) the wearing of wigs or gowns be dispensed with during the giving of the evidence;
(g) the examination, cross-examination or re-examination of the witness be conducted through an interpreter or other person approved by the court;
(h) the witness be assisted in the giving of evidence by a person approved by the court; or
(i) the witness gives evidence using a device to overcome any disability, disorder or impairment that may affect the ability of the witness to hear or understand the questions and communicate answers.
(6) In giving direction under subsection (5), the court may provide for more than one measure in any particular case.
(7) A witness who cannot adequately hear may be questioned in any appropriate manner.
(8) A witness who cannot adequately speak may give evidence by any appropriate means.