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only applies where the person who made the representation will not be called to give evidence in the proceeding. Where that person is the defendant or a witness for the defence, it will be up to the defence whether or not to call that person to give evidence. However, this may not be decided (or disclosed) prior to the close of the Crown case, potentially leading to uncertainty as to whether the relevant person who made the representation will be called. Without this information, the prosecution cannot rely on the provisions of clause 108A to admit credibility evidence. However, clause 46 of the Bill provides that the court may give leave to a party to recall a witness if another party raised a matter on which the relevant witness was not cross-examined. Further, this problem can be overcome by the prosecution later being able to reopen its case, or being allowed to call a case in reply: see R v Siulai [2004] NSWCCA 152. See clause 108B below for an additional consideration regarding defendants.