When the Court Appoints a Lawyer to Conduct Cross-Examination

In some criminal cases, a self-represented accused person may not be permitted to personally cross-examine a witness. Instead, the court may appoint counsel for that limited purpose.

The Criminal Code creates mandatory protections in certain situations, particularly where young witnesses or complainants in specific offences are involved.

For other cases, judges have discretion to appoint counsel where doing so would help ensure a full and candid account of the evidence or otherwise serve the interests of justice.

Courts consider factors such as the age of the witness, the nature of the allegations, any history of intimidation, and the relationship between the witness and the accused.

These applications are designed to balance two important principles: the accused’s right to make full answer and defence and the need to protect vulnerable witnesses while promoting truthful testimony.