CRIMES ACT 1914

Part IAD - Protecting vulnerable persons  

Division 5A - Special rules for later trials  

SECTION 15YNC   Vulnerable person not to be made to give further evidence  

(1)  
A vulnerable person whose evidence is included in a record admitted under section 15YNB need not give any further evidence in the new proceeding unless the court orders that this is necessary:


(a) to clarify the vulnerable person ' s evidence given in the original proceeding; or


(b) to give proper consideration of information or material that has become available since the original proceeding; or


(c) in the interests of justice.

Note:

This subsection covers further evidence that could otherwise be given on examination in chief, on cross-examination or on re-examination.

(2)  
If the court makes an order under subsection (1), the court is to ensure that the vulnerable person is questioned in the new proceeding only about the matters specified in the order.

(3)  
An order under subsection (1) may be made on the court ' s own initiative or on application by or on behalf of a party to the new proceeding.

(4)  
Despite subsection (1), the vulnerable person may seek leave of the court to give further evidence in the new proceeding. Subsections (1) and (2) cease to apply to the person if leave is given.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.