Prior inconsistent statements of witnesses
43 Prior inconsistent statements of witnesses
A witness may be cross-examined about a prior inconsistent statement alleged to have been made by the witness whether or not—
complete particulars of the statement have been given to the witness; or
a document containing a record of the statement has been shown to the witness.
If, in cross-examination, a witness does not admit that the witness has made a prior inconsistent statement, the cross-examiner must not present evidence of the statement otherwise than from the witness unless, in the cross-examination, the cross-examiner—
told the witness enough of the circumstances of the making of the statement to enable the witness to identify the statement; and
drew the witness’s attention to the part of the statement that is inconsistent with the witness’s evidence.
For the purpose of presenting evidence of the statement, a party may re-open the party’s case.
This Act’s bill:Explanatory statementSecond reading speech
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