(a) A victim or an individual designated by the victim may be present whenever a defendant has a right to be present during a court proceeding concerning the crime charged other than a grand jury proceeding, unless good cause can be shown by the defendant to exclude the victim. If the victim is present, the court, at the victim’s request, shall permit the presence of an individual to provide support to the victim, unless the court determines that exclusion of the individual is necessary to protect the defendant’s right to a fair trial.

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Terms Used In Delaware Code Title 11 Sec. 9407

  • Court: means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court. See Delaware Code Title 11 Sec. 9401
  • Crime: means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:

    OFFENSES AGAINST THE PERSON

    601. See Delaware Code Title 11 Sec. 9401

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Victim: includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. See Delaware Code Title 11 Sec. 9401

(b) The victim shall promptly be informed of the date, time and place of each court proceeding relative to the disposition of the case at which the victim has a right to be present, unless a victim requests that notice of proceedings not be provided under this chapter.

68 Del. Laws, c. 445, § ?1; 69 Del. Laws, c. 167, § ?1; 69 Del. Laws, c. 318, § ?3;