Victorian Current Acts

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Cross-examination of complainant

    (1)     A complainant whose evidence is recorded under section 370 cannot be cross-examined or re‑examined without leave.

    (2)     A court must not grant leave to cross-examine a complainant referred to in subsection (1) unless the court is satisfied that—

        (a)     the accused is seeking leave because of becoming aware of a matter of which the accused could not reasonably have been aware at the time of the recording; or

        (b)     if the complainant were giving direct testimony in the proceeding, the complainant could be recalled, in the interests of justice, to give further evidence; or

        (c)     it is otherwise in the interests of justice to permit the complainant to be cross-examined or re-examined.

    (3)     If leave is granted under subsection (2), the complainant must attend the proceeding to be cross-examined or re-examined.

New s. 377 inserted by No. 68/2009 s. 50, substituted as Note by No. 37/2017 s. 14.


Section 377 previously provided an exception to the hearsay rule in relation to previous representations made by a complainant under 18 years in certain circumstances. This matter is now provided for in section 66 of the Evidence Act 2008 .

Pt 8.2 Div. 7 (Heading) amended by No. 28/2016 s. 10.

Division 7—Admission of recorded evidence of complainant given in trial for sexual offences

New s. 378 inserted by No. 68/2009 s. 50.

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