Australian Capital Territory Current Acts

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Prior inconsistent statements of witnesses

    (1)     A witness may be cross-examined about a prior inconsistent statement alleged to have been made by the witness whether or not—

        (a)     complete particulars of the statement have been given to the witness; or

        (b)     a document containing a record of the statement has been shown to the witness.

    (2)     If, in cross-examination, a witness does not admit that the witness has made a prior inconsistent statement, the cross-examiner must not present evidence of the statement otherwise than from the witness unless, in the cross-examination, the cross-examiner—

        (a)     told the witness enough of the circumstances of the making of the statement to enable the witness to identify the statement; and

        (b)     drew the witness's attention to the part of the statement that is inconsistent with the witness's evidence.

    (3)     For the purpose of presenting evidence of the statement, a party may re-open the party's case.

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