Victorian Current Acts

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Cross-examination of complainant

    (1)     Subject to section 384(2), if a recording of the evidence of the complainant is admitted into evidence in a proceeding, the complainant cannot be cross-examined or re‑examined without leave.

    (2)     A court must not grant leave to cross-examine a complainant 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.

S. 386 inserted by No. 68/2009 s. 50.

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