Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 104

Further protections—cross-examination as to credibility

    (1)     This section applies only to credibility evidence in a criminal proceeding and applies in addition to section 103.

    (2)     A defendant must not be cross-examined about a matter that is relevant to the assessment of the defendant's credibility, unless the court gives leave.

    (3)     Despite subsection (2), leave is not required for cross-examination by the prosecutor about whether the defendant—

        (a)     is biased or has a motive to be untruthful; or

        (b)     is, or was, unable to be aware of or recall matters to which the defendant's evidence relates; or

        (c)     has made a prior inconsistent statement.

    (4)     The prosecutor must not be given leave under subsection (2) unless evidence presented by the defendant has been admitted that—

        (a)     tends to prove that a witness called by the prosecutor has a tendency to be untruthful; and

        (b)     is relevant solely or mainly to the witness's credibility.

    (5)     A reference in subsection (4) to evidence does not include a reference to evidence of conduct in relation to—

        (a)     the events in relation to which the defendant is being prosecuted; or

        (b)     the investigation of the offence for which the defendant is being prosecuted.

    (6)     Leave must not be given for cross-examination by another defendant unless—

        (a)     the evidence that the defendant to be cross-examined has given includes evidence adverse to the defendant seeking leave to cross-examine; and

        (b)     that evidence has been admitted.



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