The attorney for the Commonwealth shall not be present at any time while the special grand jury is in session except that during the investigatory stage of its proceedings he may be present. When the special grand jury is impanelled upon motion of the court or recommendation of a regular grand jury, he may be present during the investigatory stage only when his presence is requested by the special grand jury and may interrogate witnesses provided the special grand jury requests or consents to such interrogation. When the special grand jury was impanelled upon his request, he may examine any witness called to testify or produce evidence, but his examination of a witness shall in no way affect the right of any grand juror to examine the witness.
The attorney for the Commonwealth shall not be present during or after the investigative stage of the proceedings at any time while the special grand jury is discussing, evaluating or considering the testimony of a witness or is deliberating in order to reach decisions or prepare its report, except that he may be present when his legal advice is requested by the special grand jury.
1975, c. 495; 2001, c. 4.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
§ 19.2-191. Functions of a grand jury
§ 19.2-192. Secrecy in grand jury proceedings
§ 19.2-192.1. Sealing of indictment
§ 19.2-193. Number of regular grand juries
§ 19.2-194. When and how grand jurors to be selected and summoned; lists to be delivered to clerk
§ 19.2-195. Number and qualifications of grand jurors
§ 19.2-196. How deficiency of jurors supplied
§ 19.2-197. Foreman of grand jury; oaths of jurors and witnesses
§ 19.2-198. When new foreman or juror may be sworn in
§ 19.2-199. Judge to charge grand jury
§ 19.2-200. Duties of grand jury
§ 19.2-201. Officers to give information of violation of penal laws to attorney for Commonwealth
§ 19.2-202. How indictments found and presentment made
§ 19.2-204. Penalties on officers and jurors for failure of duty
§ 19.2-205. Pay and mileage of grand jurors
§ 19.2-207. Composition of a special grand jury
§ 19.2-208. Subpoena power of special grand jury
§ 19.2-209. Presence of counsel for a witness
§ 19.2-210. Presence of attorney for the Commonwealth
§ 19.2-211. Provision for special counsel and other personnel
§ 19.2-212. Provision for court reporter; use and disposition of notes, tapes and transcriptions
§ 19.2-213. Report by special grand jury; return of true bill
§ 19.2-213.1. Discharge of special grand jury
§ 19.2-214. Prosecutions resulting from report
§ 19.2-215. Costs of special grand jury
§ 19.2-215.1. Functions of a multi-jurisdiction grand jury
§ 19.2-215.2. Application for such grand jury
§ 19.2-215.3. When impaneled; impaneling order
§ 19.2-215.5. Subpoena power; counsel for witness; oath
§ 19.2-215.6. Role and presence of special counsel; examination of witnesses; sworn investigators
§ 19.2-215.8. Returning a "true bill" of indictment; jurisdiction to be set out