A trial judge is not precluded from revisiting whether s 18 of the Evidence Act 2008 (Vic) was complied with at a prior special hearing, and may do so under s 204 of the Criminal Procedure Act 2009 (Vic). Compliance with s 18(4) requires more than confirmation that independent legal advice was given — the court must be satisfied that the witness understood the advice and was asked whether they wished to exercise their right to object. Where the witness is a child, particular care is required.
The full text is available to signed-in members, including the 1 later case that cites this judgment.