Namibia

Criminal Procedure Act, 2004

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.

Keywords

Victims' rights - national proceedings



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