19.2-210 - Presence of attorney for the Commonwealth. - Virginia Statutes

§ 19.2-210. Presence of attorney for the Commonwealth.

The attorney for the Commonwealth shall not be present at any time while thespecial grand jury is in session except that during the investigatory stageof its proceedings he may be present. When the special grand jury isimpanelled upon motion of the court or recommendation of a regular grandjury, he may be present during the investigatory stage only when his presenceis requested by the special grand jury and may interrogate witnesses providedthe special grand jury requests or consents to such interrogation. When thespecial grand jury was impanelled upon his request, he may examine anywitness called to testify or produce evidence, but his examination of awitness shall in no way affect the right of any grand juror to examine thewitness.

The attorney for the Commonwealth shall not be present during or after theinvestigative stage of the proceedings at any time while the special grandjury is discussing, evaluating or considering the testimony of a witness oris deliberating in order to reach decisions or prepare its report, exceptthat he may be present when his legal advice is requested by the specialgrand jury.

(1975, c. 495; 2001, c. 4.)