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Clause 104 Further protections—cross-examination as to credibility

(1)This section applies only to credibility evidence in a criminal proceeding and so applies in addition to section 103.

(2)A defendant must not be cross-examined about a matter that is relevant to the assessment of the defendant's credibility, unless the court gives leave.

(3)Despite subsection (2), leave is not required for cross-examination by the prosecutor about whether the defendant—

(a)is biased or has a motive to be untruthful; or

(b)is, or was, unable to be aware of or recall matters to which his or her evidence relates; or

(c)has made a prior inconsistent statement.

(4)Leave must not be given for cross-examination by the prosecutor under subsection (2) unless evidence adduced by the defendant has been admitted that—

(a)tends to prove that a witness called by the prosecutor 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 defendant is being prosecuted; or

(b)the investigation of the offence for which the defendant is being prosecuted.

(6)Leave is not to be given for cross-examination by another defendant unless—

(a)the evidence that the defendant to be cross- examined has given includes evidence adverse to the defendant seeking leave to cross-examine; and

(b)that evidence has been admitted.