Crimes Act 1914
Part IAD
-
Protecting vulnerable persons
Division 3
-
Cross-examination
SECTION 15YG
Unrepresented defendants
-
cross-examination of vulnerable persons
(1)
A defendant in a proceeding who is not represented by counsel is not to cross-examine a person to whom subsection (1A) applies (the vulnerable person ), unless the court gives leave.
(1A)
This subsection applies to the following persons:
(a) for a child proceeding - a child witness (other than a child complainant);
(b) for a vulnerable adult proceeding - a vulnerable adult complainant;
(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.
(2)
The court must not give leave under subsection (1) unless satisfied that the vulnerable person ' s ability to testify under cross-examination will not be adversely affected if the defendant conducts the cross-examination.
(3)
In considering whether that ability will be adversely affected, the court is to have regard to any trauma that could be caused if the defendant conducts the cross-examination.
(4)
An application for leave under this section:
(aa) if the vulnerable person is a vulnerable adult complainant - may be made by or on behalf of the defendant or the vulnerable person; and
(a) must be in writing; and
(b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.
(5)
If the court refuses leave, a person appointed by the court is to ask the vulnerable person any questions that the defendant requests the person to ask the vulnerable person.
View history note
Hide history noteA defendant in a proceeding who is not represented by counsel is not to cross-examine a person to whom subsection (1A) applies (the vulnerable person ), unless the court gives leave.
Note:
A person is not to cross-examine certain persons at committal proceedings or proceedings of a similar kind - see section 15YHA .
(1A)
This subsection applies to the following persons:
(a) for a child proceeding - a child witness (other than a child complainant);
(b) for a vulnerable adult proceeding - a vulnerable adult complainant;
(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.
(2)
The court must not give leave under subsection (1) unless satisfied that the vulnerable person ' s ability to testify under cross-examination will not be adversely affected if the defendant conducts the cross-examination.
(3)
In considering whether that ability will be adversely affected, the court is to have regard to any trauma that could be caused if the defendant conducts the cross-examination.
(4)
An application for leave under this section:
(aa) if the vulnerable person is a vulnerable adult complainant - may be made by or on behalf of the defendant or the vulnerable person; and
(a) must be in writing; and
(b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.
(5)
If the court refuses leave, a person appointed by the court is to ask the vulnerable person any questions that the defendant requests the person to ask the vulnerable person.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.