104Further protections—cross-examination as to credibility

104 Further protections—cross-examination as to credibility (1) This section applies only to credibility evidence in a criminal proceeding and so applies in addition to section 103. S. 104(2) amended by No. 68/2009 s. 97(Sch. item 55.22). (2) An accused must not be cross-examined about a matter that is relevant to the assessment of the credibility of the accused, unless the court gives leave. S. 104(3) amended by No. 68/2009 s. 97(Sch. item 55.23). (3) Despite subsection (2), leave is not required for cross-examination by the prosecutor about whether the accused— (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) has made a prior inconsistent statement. S. 104(4) amended by No. 68/2009 s. 97(Sch. item 55.23). (4) Leave must not be given for cross-examination by the prosecutor under subsection (2) unless evidence adduced by the accused has been admitted that— (a) tends to prove that a witness called by the prosecutor has a tendency to be untruthful; and (b) is relevant solely or mainly to the witness's credibility. (5) A reference in subsection (4) to evidence does not include a reference to evidence of conduct in relation to— S. 104(5)(a) amended by No. 68/2009 s. 97(Sch. item 55.24). (a) the events in relation to which the accused is being prosecuted; or S. 104(5)(b) amended by No. 68/2009 s. 97(Sch. item 55.24). (b) the investigation of the offence for which the accused is being prosecuted. S. 104(6) amended by No. 68/2009 s. 97(Sch. item 55.25). (6) Leave is not to be given for cross-examination by another accused unless— S. 104(6)(a) amended by No. 68/2009 s. 97(Sch. item 55.25). (a) the evidence that the accused to be cross-examined has given includes evidence adverse to the accused seeking leave to cross-examine; and (b) that evidence has been admitted. S. 105 (Heading) amended by No. 68/2009 s. 97(Sch. item 55.26).