Section 376(2) of the Criminal Procedure Act 2009 (Vic) is a power-conferring provision, not a restrictive one; the opening words 'must not grant leave' merely impose jurisdictional conditions, and the 'interests of justice' criterion in sub-paragraphs (b) and (c) confers a broad discretion. A child complainant's willingness to return for further cross-examination is a very important consideration that may distinguish cases from DPP v Garcia, particularly where the further cross-examination is confined to a discrete incident. Unfairness caused by late filing of a fresh indictment may be cured by recalling the complainant and by appropriate jury directions, and does not necessarily warrant a permanent stay.
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