Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 346

Contents of application for leave

    (1)     An application for leave under section 342 must be in writing and set out the matters required by subsection (2) or (3), as the case requires.

    (2)     An application for leave to cross-examine the complainant as to the sexual activities of the complainant must set out—

        (a)     the initial questions sought to be asked of the complainant; and

        (b)     the scope of the questioning sought to flow from the initial questioning; and

        (c)     how the evidence sought to be elicited from the questioning has substantial relevance to facts in issue or why it is proper matter for cross-examination as to credit.

    (3)     An application for leave to admit evidence as to the sexual activities of the complainant must—

        (a)     identify the evidence that is sought to be admitted; and

        (b)     set out how the evidence has substantial relevance to facts in issue.

New s. 347 inserted by No. 68/2009 s. 50.



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