Text as at 1 July 2026

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198B Order for accused to conduct limited preparatory cross-examination

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(1)An accused may apply to the court for an order under this section that the accused cross-examine a witness at a time and place fixed by the court.

(2)An application under subsection (1) must state—

(a)the issue to which the proposed questioning relates; and

(b)the purpose of the proposed questioning.

(3)The court must not make the order sought in the application unless the court is satisfied that it is necessary to do so in order to avoid a serious risk that the trial would be unfair.

(4)In determining whether it is necessary to make the order sought in the application in order to avoid a serious risk that the trial would be unfair, the court must have regard to—

(a)the purposes of a committal proceeding as set out in section 97; and

(b)the limitations that apply in relation to cross-examination of a witness at a committal hearing.

(5)If the court makes the order sought in the application, the prosecution may re-examine a witness who is cross-examined in accordance with the order.

(6)This section applies—

(a)before trial; and

(b)during trial.

(7)During trial—

(a)an application for an order under this section must be heard in the absence of the jury; and

(b)any cross-examination or re-examination in accordance with an order under this section, must be conducted in the absence of the jury.