Victim impact statements—cross-examination in principal proceeding
96 Victim impact statements—cross-examination in principal proceeding
The court must not allow the defence to cross-examine the maker of a victim impact statement about the contents of the statement before a finding of guilt has been made in the principal proceeding, unless the court is satisfied that the statement has substantial probative value to justify allowing the cross-examination.
The court must not allow the defence to cross-examine the maker about the contents of the statement after a finding of guilt has been made in the principal proceeding unless—
a lawyer representing the offender applies for leave to conduct the cross-examination, or if the offender is not legally represented the offender indicates to the court the nature of the proposed cross-examination; and
the court is satisfied that the cross-examination would materially affect the likely sentence to be imposed on an offender; and
the court gives the defence leave to cross-examine the maker.
In this section:
defence means—
any lawyer representing a defendant or offender; or
if the defendant or offender is not legally represented—the defendant or offender.
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