QLDIn ForceAct
Evidence Act 1977
sec.103ZKContents of application for leave
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### sec.103ZK Contents of application for leave
An application for leave under section 103ZH must be in writing and set out the matters required by subsection (2) or (3) , as the case requires.
An application for leave to cross-examine the complainant as to the sexual activities of the complainant must set out—
the initial questions sought to be asked of the complainant; and
the scope of the questioning sought to flow from the initial questioning; and
how the evidence sought to be elicited from the questioning has substantial probative value or why it is proper matter for cross-examination as to credit.
An application for leave to admit evidence as to the sexual activities of the complainant must—
identify the evidence that is sought to be admitted; and
set out how the evidence has substantial probative value.
If it is in the interests of justice to do so, the court may waive the requirement under subsection (1) that an application for leave be made in writing.
s 103ZK ins 2024 No. 5 s 59
(sec.103ZK-ssec.1) An application for leave under section 103ZH must be in writing and set out the matters required by subsection (2) or (3) , as the case requires.
(sec.103ZK-ssec.2) An application for leave to cross-examine the complainant as to the sexual activities of the complainant must set out— the initial questions sought to be asked of the complainant; and the scope of the questioning sought to flow from the initial questioning; and how the evidence sought to be elicited from the questioning has substantial probative value or why it is proper matter for cross-examination as to credit.
(sec.103ZK-ssec.3) An application for leave to admit evidence as to the sexual activities of the complainant must— identify the evidence that is sought to be admitted; and set out how the evidence has substantial probative value.
(sec.103ZK-ssec.4) If it is in the interests of justice to do so, the court may waive the requirement under subsection (1) that an application for leave be made in writing.
- (a) the initial questions sought to be asked of the complainant; and
- (b) the scope of the questioning sought to flow from the initial questioning; and
- (c) how the evidence sought to be elicited from the questioning has substantial probative value or why it is proper matter for cross-examination as to credit.
- (a) identify the evidence that is sought to be admitted; and
- (b) set out how the evidence has substantial probative value.