Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies only in a criminal proceeding and so applies in addition to section 108A.
(2) If the person referred to in that section is a defendant, the credibility evidence is not admissible unless the court gives leave.
(3) Despite subsection ( 2), leave is not required if the evidence is about whether the defendant:
(a) is biased or has a motive to be untruthful; or
(b) is, or was, unable to be aware of or recall matters to which his or her previous representation relates; or
(c) has made a prior inconsistent statement.
(4) The prosecution must not be given leave under subsection ( 2) unless evidence adduced by the defendant has been admitted that:
(a) tends to prove that a witness called by the prosecution has a tendency to be untruthful; and
(b) is relevant solely or mainly to the witness's credibility.
(5) A reference in subsection ( 4) to evidence does not include a reference to evidence of conduct in relation to:
(a) the events in relation to which the defendant is being prosecuted; or
(b) the investigation of the offence for which the defendant is being prosecuted.
(6) Another defendant must not be given leave under subsection
( 2) unless the previous representation of the defendant that has been
admitted includes evidence adverse to the defendant seeking leave.