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Act index » Chapter 3 - Admissibility of evidence Introductory Note » Part 3.7 - Credibility » Division 3 - Credibility of persons who are not witnesses
108B Further protections—previous representations of an accused who is not a witness
(1)This section applies only in a criminal proceeding and so applies in addition to section 108A.
(2)If the person referred to in that section is an accused, the credibility evidence is not admissible unless the court gives leave.
S. 108B(2) amended by No. 68/2009 s. 97(Sch. item 55.27(a)).
(3)Despite subsection (2), leave is not required if the evidence is about whether the accused—
S. 108B(3) amended by No. 68/2009 s. 97(Sch. item 55.27(b)).
(a)is biased or has a motive to be untruthful; or
S. 108B(5)(a) amended by No. 68/2009 s. 97(Sch. item 55.27(b)).
(b)is, or was, unable to be aware of or recall matters to which his or her previous representation relates; or
S. 108B(5)(b) amended by No. 68/2009 s. 97(Sch. item 55.27(b)).
(c)has made a prior inconsistent statement.
(4)The prosecution must not be given leave under subsection (2) unless evidence adduced by the accused has been admitted that—
S. 108B(4) amended by No. 68/2009 s. 97(Sch. item 55.27(b)).
(a)tends to prove that a witness called by the prosecution 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 accused is being prosecuted; or
(b)the investigation of the offence for which the accused is being prosecuted.
(6)Another accused must not be given leave under subsection (2) unless the previous representation of the accused that has been admitted includes evidence adverse to the accused seeking leave.
S. 108B(6) amended by No. 68/2009 s. 97(Sch. item 55.27 (b)(c)).