In what situations must the court appoint a lawyer as assistant to the victim child, and who can ask the court to do so?
General information · Not legal advice
Material to check
In practice material of this kind, we check the papers showing which of the listed grounds is said to arise, such as medical or school records suggesting physical or mental disability, or proof of poverty or another reason the child cannot retain an assistant, together with any written application by a listed applicant or a note that the court acted on its own initiative.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the court must appoint a lawyer as assistant to the victim child, either on its own initiative or on the application of the victim child, the child's legal representative, lineal relative or sibling, the child abuse officer, or a counsellor or the head of a child protection agency, where a physical or mental disability is suspected, poverty or another reason prevents the child from retaining an assistant, or the judge finds an assistant necessary for any other reason.
Another reading notes that the grounds are drafted as alternatives of which any one suffices, so a file showing only a suspicion of disability, without evidence of poverty or a judge's finding, still triggers the duty to appoint, while the provision does not say how that suspicion must be evidenced or what weight the court gives each applicant's request.
Your judgment
Where the file records only a suspicion of disability and no application by any listed person, how would that be shown to the court as sufficient for the appointment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the listed grounds or the persons who may apply, or if a court decision explains what evidences a suspicion of disability for this appointment.