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Clause 42

permits a party to put a leading question (a defined term) to a witness in cross-examination, unless the court disallows the question or directs the witness not to answer it. In deciding whether to disallow a question or give a direction the court is to take into account, among other things, the witness's age, any mental, intellectual or physical disability that may affect the witness's answer and the extent, if any, to which the witness or the witness' evidence is sympathetic to the cross-examiner. The clause stipulates, however, that the court must disallow a question or direct the witness not to answer it if the court is satisfied that the facts would be better ascertained if leading questions are not used.