Justices Act 1886

If a witness attends before the justices because of a direction given, on application by the defendant, under section 83A(5AA) requiring the prosecution to call the witness, the justices must not allow the person to be cross-examined about an issue that is not relevant to the reasons given by the magistrate for requiring the person to attend.

However, the justices may allow cross-examination that is otherwise not permitted under subsection (1) if the justices are satisfied there are substantial reasons why, in the interests of justice, the cross-examination should be allowed.

The prosecution may re-examine a witness who is cross-examined.

The limitations on cross-examination provided for in subsections (1) and (2) are additional to, and do not affect the operation of, any other law limiting cross-examination.Examples of other laws that operate to limit cross-examination—

1 The Evidence Act 1977, section 9E states principles for dealing with child witnesses.

2 The Evidence Act 1977, section 20 provides for the court to disallow particular questions as to credit.

3 The Evidence Act 1977, section 20A provides for the court to disallow questions the court considers improper.

4 The Evidence Act 1977, part 2, division 6 provides for the cross-examination of protected witnesses.