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Contents » Chapter 2 - ADDUCING EVIDENCE » Division 5 - Cross-examination

Clause 43 Prior inconsistent statements of witnesses

(1)A witness may be cross-examined about a prior inconsistent statement alleged to have been made by the witness whether or not—
(a)complete particulars of the statement have been given to the witness; or
(b)a document containing a record of the statement has been shown to the witness.
(2)If, in cross-examination, a witness does not admit that he or she has made a prior inconsistent statement, the cross-examiner is not to adduce evidence of the statement otherwise than from the witness unless, in the cross-examination, the cross-examiner—
(a)informed the witness of enough of the circumstances of the making of the statement to enable the witness to identify the statement; and
(b)drew the witness's attention to so much of the statement as is inconsistent with the witness's evidence.
(3)For the purpose of adducing evidence of the statement, a party may re-open the party's case.