Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZM

103ZM Determination of application for leave during summary trial, committal proceeding or trial

In the course of a summary trial, committal proceeding or trial, the court must not grant leave under section 103ZH unless it is satisfied that the evidence has substantial probative value or is a proper matter for cross-examination as to credit and that it is in the interests of justice to allow the cross-examination or to admit the evidence, having regard to—

(a) whether the probative value of the evidence outweighs the distress, humiliation and embarrassment that the complainant may experience as a result of the cross-examination or the admission of the evidence, in view of the age of the complainant and the number and nature of the questions that the complainant is likely to be asked; and

(b) the risk that the evidence may arouse in the jury discriminatory belief or bias, prejudice, sympathy or hostility; and

(c) the need to respect the complainant’s personal dignity and privacy; and

(d) the right of the defendant to fully answer and defend the charge; and

(e) any other relevant matter.