Victorian Current Acts Victorian Current Acts(1) Section 358 does not apply to a trial by judge alone. Instead, this section applies.
(2) If, in a trial by judge alone, the accused is only legally represented for the cross‑examination of a protected witness, the trial judge must—
(a) have regard to the fact 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) draw no adverse inference against the accused as a result of the cross‑examination not being conducted by the accused in person; and
(c) give the cross‑examination no greater or lesser weight as a result of the cross‑examination not being conducted by the accused in person.
New s. 420ZB inserted by No. 11/2022 s. 3.