CHAPTER 3
LEGAL REPRESENTATION OF ACCUSED AND OF VICTIM IN CRIMINAL PROCEEDINGS

Legal representation of victim

18. (1) A victim of an offence against the person or against property may appoint at his or her own expense a legal practitioner of his or her choice to represent in general the interests of the victim at the trial of the accused for the offence that caused injury, damage or loss to the victim, and in that capacity, but subject to subsection (2), to -

(a) hold a watching brief at that trial on behalf of the victim, without any right to adduce evidence or to cross-examine witnesses or to address the court, except when bringing an application contemplated in paragraph (c) and then only for that purpose ;
(b) be available to consult with and advise, where necessary, the prosecutor and the victim ; and
(c) apply, immediately after the conviction of the accused, to the court for the award of compensation to the victim in terms of section 326.

(2) A legal practitioner appointed under subsection (1) must, at the beginning of the trial, identify himself or herself to the court trying the accused and indicate to the court that he or she intends applying on behalf of the victim for compensation in terms of section 326.

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.