Criminal Procedure Act 2009

This section applies if the Magistrates' Court grants leave for the accused to cross-examine a witness under section 124.

The Magistrates' Court may grant leave for the accused to cross-examine the witness on an issue that was not identified under section 124A(b).

In determining whether to grant leave, the Magistrates' Court may have regard to whether the informant consents to or opposes leave being granted.

The Magistrates' Court must not grant leave unless the court is satisfied that—

the accused has identified an issue to which the proposed questioning relates; and

cross-examination of the witness on the issue is directly and substantially relevant to that issue; and

there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue.

In determining whether there are substantial reasons why, in the interests of justice, the witness should be cross‑examined on that issue, the Magistrates' Court must have regard to the matters referred to in section 124(4) and (5).