124Leave required to cross-examine other witnesses

124 Leave required to cross-examine other witnesses

S. 124(1AA) inserted by No. 48/2018 s. 25(1), substituted by No. 5/2025 s. 27.

(1AA) This section does not apply to—

(b) a committal proceeding in which Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court.

If Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing at which cross-examination could occur—see section 100(1A)(b).

S. 124(1) amended by No. 48/2018 s. 25(2).

(1) A witness cannot be cross-examined without leave being granted under this section.

S. 124(2) substituted by No. 55/2014 s. 109(1).

(2) In determining whether to grant leave to cross‑examine a witness, the Magistrates' Court may have regard to whether the informant consents to or opposes leave being granted.

S. 124(3) amended by No. 55/2014 s. 109(2).

(3) The Magistrates' Court must not grant leave to cross-examine a witness unless the court is satisfied that—

S. 124(3)(a) amended by No. 5/2025 s. 12(1)(a).

S. 124(3)(b) substituted by No. 5/2025 s. 12(1)(b).

S. 124(3)(c) inserted by No. 5/2025 s. 12(1)(b).

S. 124(4) amended by No. 5/2025 s. 12(2)(a).

(4) In determining whether there are substantial reasons why, in the interests of justice, the witness should be cross-examined on an issue, 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

S. 124(4)(c) repealed by No. 5/2025 s. 4.

(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

S. 124(4)(g) amended by No. 5/2025 s. 12(2)(b).

(g) trivial, vexatious or oppressive cross-examination is not permitted.

S. 124(4)(h) repealed by No. 5/2025 s. 12(2)(c).

Notes to s. 124(4) inserted by No. 55/2014 s. 109(3).

1 Section 102 of the Evidence Act 2008 provides that credibility evidence about a witness is not admissible (the credibility rule).

2 Section 103(1) of the provides that the credibility rule does not apply to evidence adduced in cross-examination of a witness if the evidence could substantially affect the assessment of the credibility of the witness.