108BFurther protections: previous representations of an accused who is not a witness

### 108B Further protections: previous representations of an accused who is not a witness > [*\[Section 108B Inserted by No. 46 of 2010, s. 30, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS30@EN) > > > (1)  This section applies only in a criminal proceeding and so applies in addition to [section 108A](#GS108A@EN) . > > > (2)  If the person referred to in that section is a defendant, the credibility evidence is not admissible unless the court gives leave. > > > (3)  Despite [subsection (2)](#GS108B@Gs2@EN) , leave is not required if the evidence is 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 previous representation relates; or > > > > > > > (c) has made a prior inconsistent statement. > > > (4)  The prosecution must not be given leave under [subsection (2)](#GS108B@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)  Another defendant must not be given leave under [subsection (2)](#GS108B@Gs2@EN) unless the previous representation of the defendant that has been admitted includes evidence adverse to the defendant seeking leave.