Victorian Current Acts

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Leave to cross-examine witness on different issue

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

S. 132A(2) amended by No. 38/2022 s. 65.

    (2)     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).

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

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

        (a)     the accused has identified an issue to which the proposed questioning relates and has provided a reason why the evidence of the witness is relevant to that issue; and

        (b)     cross-examination of the witness on that issue is justified.

    (5)     In determining whether cross-examination on an issue is justified, the Magistrates' Court must have regard to the matters referred to in section 124(4) and (5).

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