Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 358

If the accused is only legally represented for the cross-examination of a protected witness, the trial judge must warn the jury—

        (a)     that it is routine practice for an unrepresented accused to obtain or be provided with legal representation for the cross-examination of a protected witness; and

        (b)     that no adverse inference may be drawn against the accused as a result of the cross‑examination not being conducted by the accused in person; and

        (c)     that the evidence given under cross‑examination is not to be given any greater or lesser weight as a result of the cross-examination not being conducted by the accused in person.

Division 4—Alternative arrangements for giving evidence

New s. 359 inserted by No. 68/2009 s. 50.