Text as at 1 July 2026

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198A Order for accused to cross-examine witness before trial in certain cases

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(1)This section applies to a criminal proceeding—

S. 198A(1) amended by No. 5/2025 s. 30(a).

(a)to which section 123 applies; or

S. 198A(1)(a) inserted by No. 5/2025 s. 30(a).S. 198A(4)(a) amended by No. 5/2025 s. 17(2)(c).

(b)in which an accused has been committed for trial under section 127B, 127C or 127E.

S. 198A(1)(b) inserted by No. 5/2025 s. 30(a).S. 198A(3)(b) substituted by No. 5/2025 s. 17(2)(b).S. 198A(4)(b) substituted by No. 5/2025 s. 17(2)(d).

(2)At any time except during trial, an accused may apply to the court for an order under this section that the accused cross-examine a witness, other than a complainant in a criminal proceeding to which section 123 applies, at a time and place fixed by the court.

S. 198A(2) amended by Nos 22/2020 s. 15, 5/2025 ss 17(2)(a), 30(b).

(3)An application under subsection (2) must state—

(a)each issue for which leave to cross-examine is sought; and

(b)how cross-examination of the witness on the issue is directly and substantially relevant to that issue; and

(c)the reasons why, in the interests of justice, the witness should be cross-examined on that issue; and

S. 198A(3)(c) substituted by No. 5/2025 s. 17(2)(b).S. 198A(4)(c) inserted by No. 5/2025 s. 17(2)(d).

(d)why the accused is of the view that the reasons referred to in paragraph (c) are substantial reasons.

S. 198A(3)(d) inserted by No. 5/2025 s. 17(2)(b).

(4)The court must not make the order sought in the application unless the court is satisfied that—

(a)the accused has identified an issue to which the proposed questioning relates; and

(b)cross-examination of the witness on the issue is directly and substantially relevant to that issue; and

(c)there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue.

(5)In determining whether there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue, the court—

S. 198A(5) amended by No. 5/2025 s. 17(2)(e).

(a)must have regard to the need to ensure the matters set out in section 124(4); and

(b)may have regard to whether the prosecution consents to or opposes the order being made.

(6)In addition, if the witness is a specified witness (within the meaning of section 124(5A)), the court must have regard to the matters set out in section 124(5).

S. 198A(6) amended by No. 38/2022 s. 66.

(7)If the court makes the order sought in the application, the court must identify each issue on which the witness may be cross-examined.