Queensland Consolidated Acts

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JUSTICES ACT 1886 - SECT 110C

110C Limitation on cross-examination

(1) 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.

(2) 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.

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

(4) 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 21 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.


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