Victorian Numbered Acts Victorian Numbered Acts(1) A witness (other than a witness referred to in section 123) cannot be cross-examined without leave being granted under this section.
(2) If the informant consents to leave to cross-examine a witness being granted, the Magistrates' Court must grant leave unless the court considers that it is inappropriate to do so.
(3) If the informant does not consent to leave to cross-examine a witness being granted, the Magistrates' Court must not grant leave unless the court is satisfied that—
(a) the accused has identified an issue to which the proposed questioning relates and has provided a reason why the evidence of the witness is relevant to that issue; and
(b) cross-examination of the witness
on that issue is justified.
s. 124
(4) In determining whether cross-examination is justified, the Magistrates' Court must have regard to the need to ensure that—
(a) the prosecution case is adequately disclosed; and
(b) the issues are adequately defined; and
(c) the evidence is of sufficient weight to support a conviction for the offence with which the accused is charged; and
(d) a fair trial will take place if the matter proceeds to trial, including that the accused is able adequately to prepare and present a defence; and
(e) matters relevant to a potential plea of guilty are clarified; and
(f) matters relevant to a potential discontinuance of prosecution under section 177 are clarified; and
(g) trivial, vexatious or oppressive cross-examination is not permitted; and
(h) the interests of justice are otherwise served.
(5) In addition to the requirements of subsection (4), if the witness is under 18 years of age, the Magistrates' Court must have regard to—
(a) the need to minimise the trauma that might be experienced by the witness in giving evidence; and
(b) any relevant condition or characteristic of the witness, including age, culture, personality, education and level of understanding; and
(c) any mental, intellectual or physical disability to which the witness is or appears to be subject and of which the court is aware; and
(d) the importance of the witness to the case for the prosecution; and
(e) the existence or lack of evidence that corroborates the proposed evidence of the witness; and
(f) the extent of any proposed admissions; and
(g) the probative value of the proposed evidence of the witness; and
(h) the issues in dispute; and
(i) the weight of the proposed evidence of the witness; and
(j) any statements of other witnesses that contradict the proposed evidence of the witness.
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