Northern Territory Numbered Acts

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EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 33 OF 2011) - SECT 44

Previous representations of other persons

    (1)     Except as provided by this section, a cross-examiner must not question a witness about a previous representation alleged to have been made by a person other than the witness.

    (2)     A cross-examiner may question a witness about the representation and its contents if:

    (a)     evidence of the representation has been admitted; or

    (b)     the court is satisfied that it will be admitted.

    (3)     If subsection (2) does not apply and the representation is contained in a document, the document may only be used to question a witness as follows:

    (a)     the document must be produced to the witness;

    (b)     if the document is a tape recording, or any other kind of document from which sounds are reproduced – the witness must be provided with the means (for example, headphones) to listen to the contents of the document without other persons present at the cross-examination hearing those contents;

    (c)     the witness must be asked whether, having examined (or heard) the contents of the document, the witness stands by the evidence that he or she has given;

    (d)     neither the cross-examiner nor the witness is to identify the document or disclose any of its contents.

    (4)     A document that is so used may be marked for identification.



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