Victorian Current Acts

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Order for accused to cross-examine witness before trial in certain sexual offence cases

    (1)     This section applies to a criminal proceeding to which section 123 applies.

S. 198A(2) amended by No. 22/2020 s. 15.

    (2)     At any time except during trial, an accused may apply to the court for an order under this section that the accused cross-examine a witness, other than a complainant who was a child or a person with a cognitive impairment when the criminal proceeding commenced, at a time and place fixed by the court.

    (3)     An application under subsection (2) must state—

        (a)     each issue for which leave to cross-examine is sought; and

        (b)     the reason why the evidence of the witness is relevant to the issue; and

        (c)     the reason why cross-examination of the person on the issue is justified.

    (4)     The court must not make the order sought in the application 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 is justified, the court—

        (a)     must have regard to the need to ensure the matters set out in section 124(4); and

        (b)     may have regard to whether the prosecution consents to or opposes the order being made.

S. 198A(6) amended by No. 38/2022 s. 66.

    (6)     In addition, if the witness is a specified witness (within the meaning of section 124(5A)), the court must have regard to the matters set out in section 124(5).

    (7)     If the court makes the order sought in the application, the court must identify each issue on which the witness may be cross-examined.

S. 198B inserted by No. 48/2018 s. 31.

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