Victorian Numbered Acts

JUSTICE LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2020 (NO. 22 OF 2020) - SECT 13

For section 123 of the Criminal Procedure Act 2009 substitute —

        "     123     No cross-examination in certain sexual offence cases

    (1)     This section applies to a proceeding—

        (a)     that relates (wholly or partly) to a charge for a sexual offence if one or more of the complainants in the proceeding is a child or a person with a cognitive impairment; and

        (b)     when the criminal proceeding commenced, any complainant in relation to a charge for a sexual offence was a child or a person with a cognitive impairment.

    (2)     Despite anything to the contrary in this Part, the Magistrates' Court must not grant leave to cross-examine any witness in a proceeding to which this section applies.

Examples

1     A proceeding relates to a sexual offence charge involving a child complainant and a sexual offence charge involving an adult complainant without a cognitive impairment. No cross-examination is permitted.

2     A proceeding relates to a charge for a sexual offence against an adult complainant without a cognitive impairment and a charge for a non-sexual offence against a child complainant. The section does not apply.

3     A proceeding relates to a charge for a sexual offence against a child complainant and a charge for a non-sexual offence against an adult complainant without a cognitive impairment. No cross-examination is permitted.".