Section 18 of the Evidence Act 2008 has no ongoing application after a successful objection to limit the operation of s 65; making a statement to police is not 'giving evidence' in a criminal proceeding, and the policy underlying s 18 does not govern the admissibility of prior representations under s 65. Where a witness is excused from giving evidence under s 18, the Crown may tender the witness's prior police statement under s 65(2) without s 18 having any further 'work to do'. Bad character evidence contained in a statement admitted under s 65 must satisfy s 108A (credibility evidence about a person who made a prior representation) and evidence that amounts to no more than an assertion of bad character that cannot rationally affect the assessment of the witness's credibility should be excluded as irrelevant.
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