1. Should the questioning of complainants by an unrepresented accused be limited in sexual assault trials?
2. Should there be an explicit limitation on cross-examination in person, or would greater judicial control of proceedings be sufficient?
3. If an explicit limitation were adopted, should it be mandatory, presumptive or discretionary?
4. If the matter is left to the court’s discretion, what factors should the court take into account?
5. Should the limitation apply only to sexual assault cases, or should it apply to a broader category of offences, for example those including domestic violence?
6. Should the limitation apply only to alleged victims, or to other vulnerable witnesses?
7. Should the limitation apply in criminal proceedings only, or should it also apply in some civil proceedings, for example in the case of an alleged personal assault?
8. If a defendant is prevented from cross-examining the witness in person, what procedure should be followed? Should the court have the power to decide whether or not it is necessary, in the interests of justice, that the witness’ evidence be tested, or should it in every case provide an alternative means of questioning the witness?
9. If the accused is prevented from asking the questions in person, and the questions are put to the witness by another person, must this person be a legal practitioner?
10. If the person asking the questions must be a legal practitioner, should the accused automatically receive legal aid?
11. If the person asking the questions need not be a legal practitioner, who else could it be? Should it be the judge? Should the court have the discretion to disallow certain people from asking the questions, for example a friend or relative of the accused?
12. Where a person other than the accused or a legal practitioner asks the questions, should they use the exact language of the accused, or should the judge have the discretion to refuse or rephrase the question?
13. Should alternative arrangements, such as the use of closed circuit television or screens, be available for witnesses giving evidence in sexual offence proceedings? If so, what should they include?
14. Should a witness be entitled to such an arrangement, or should their availability be left to the discretion of the judge?
