104Further protection: cross-examination of defendant

### 104 Further protection: cross-examination of defendant > [*\[Section 104 Substituted by No. 46 of 2010, s. 30, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS30@EN) > > > (1)  This section applies only to credibility evidence in a criminal proceeding and so applies in addition to [section 103](#GS103@EN) . > > > (2)  A defendant must not be cross-examined about a matter that is relevant to the assessment of the defendant's credibility, unless the court gives leave. > > > (3)  Despite [subsection (2)](#GS104@Gs2@EN) , leave is not required for cross-examination by the prosecutor about whether the defendant – > > > > > > (a) is biased or has a motive to be untruthful; or > > > > > > > (b) is, or was, unable to be aware of or recall matters to which his or her evidence relates; or > > > > > > > (c) made a prior inconsistent statement. > > > (4)  Leave must not be given for cross-examination by the prosecutor under [subsection (2)](#GS104@Gs2@EN) unless – > > > > > > (a) the defendant or the person representing the defendant has questioned the witnesses for the prosecution to prove that the defendant is, either generally or in a particular respect, a person of good character; or > > > > > > > (b) the nature or conduct of the defence involves imputations on the character of the prosecutor or any witness for the prosecution. > > > (5)  Leave is not to be given for cross-examination by another defendant unless – > > > > > > (a) the evidence that the defendant to be cross-examined has given includes evidence adverse to the defendant seeking leave to cross-examine; and > > > > > > > (b) that evidence has been admitted. > > > > > > > > | Note: This section differs from section 104 of the Evidence Act 1995 of the Commonwealth. |