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EVIDENCE ACT 2008 - SECT 104

Further protections—cross-examination as to credibility

    (1)     This section applies only to credibility evidence in a criminal proceeding and so applies in addition to section 103.

S. 104(2) amended by No. 68/2009 s. 97(Sch. item 55.22).

    (2)     An accused must not be cross-examined about a matter that is relevant to the assessment of the credibility of the accused, unless the court gives leave.

S. 104(3) amended by No. 68/2009 s. 97(Sch. item 55.23).

    (3)     Despite subsection (2), leave is not required for cross-examination by the prosecutor about whether the accused—

        (a)     is biased or has a motive to be untruthful; or

        (b)     is, or was, unable to be aware of or recall matters to which his or her evidence relates; or

        (c)     has made a prior inconsistent statement.

S. 104(4) amended by No. 68/2009 s. 97(Sch. item 55.23).

    (4)     Leave must not be given for cross-examination by the prosecutor under subsection (2) unless evidence adduced by the accused has been admitted that—

        (a)     tends to prove that a witness called by the prosecutor has a tendency to be untruthful; and

        (b)     is relevant solely or mainly to the witness's credibility.

    (5)     A reference in subsection (4) to evidence does not include a reference to evidence of conduct in relation to—

S. 104(5)(a) amended by No. 68/2009 s. 97(Sch. item 55.24).

        (a)     the events in relation to which the accused is being prosecuted; or

S. 104(5)(b) amended by No. 68/2009 s. 97(Sch. item 55.24).

        (b)     the investigation of the offence for which the accused is being prosecuted.

S. 104(6) amended by No. 68/2009 s. 97(Sch. item 55.25).

    (6)     Leave is not to be given for cross-examination by another accused unless—

S. 104(6)(a) amended by No. 68/2009 s. 97(Sch. item 55.25).

        (a)     the evidence that the accused to be cross-examined has given includes evidence adverse to the accused seeking leave to cross-examine; and

        (b)     that evidence has been admitted.

S. 105 (Heading) amended by No. 68/2009 s. 97(Sch. item 55.26).



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