Further protections – cross-examination as to credibility
104 Further protections – cross-examination as to credibility
(1) This section applies only to credibility evidence in a criminal proceeding and so applies in addition to section 103.
(2) A defendant must not be cross-examined about a matter that is relevant to the assessment of the defendant's credibility, unless the court gives leave.
(3) Despite subsection (2), leave is not required for cross-examination by the prosecutor about whether the defendant:
is biased or has a motive to be untruthful; or
(b) is, or was, unable to be aware of or recall matters to which his or her evidence relates; or
has made a prior inconsistent statement.
(4) Leave must not be given for cross-examination by the prosecutor under subsection (2) unless evidence adduced by the defendant has been admitted that:
(a) tends to prove that a witness called by the prosecutor has a tendency to be untruthful; and
is relevant solely or mainly to the witness's credibility.
(5) A reference in subsection (4) to evidence does not include a reference to evidence of conduct in relation to:
(a) the events in relation to which the defendant is being prosecuted; or
(b) the investigation of the offence for which the defendant is being prosecuted.
(6) Leave is not to be given for cross-examination by another defendant unless:
(a) the evidence that the defendant to be cross-examined has given includes evidence adverse to the defendant seeking leave to cross-examine; and
that evidence has been admitted.
This Act’s bill:Explanatory statementSecond reading speech
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