Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 123

No cross-examination of certain witnesses in sexual offence cases

Despite anything to the contrary in this Part, the Magistrates' Court must not grant leave to cross-examine a witness who—

        (a)     is a complainant in a proceeding that relates (wholly or partly) to a charge for a sexual offence; and

        (b)     was a child or a person with a cognitive impairment when the criminal proceeding was commenced; and

        (c)     made a statement a copy of which was served in the hand-up brief or whose evidence-in-chief or examination at a compulsory examination hearing was recorded and a transcript of the recording was served in the hand-up brief.



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