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 applies in addition to section 103. (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), 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 the defendant’s evidence relates; or (c) has made a prior inconsistent statement.

(4) The prosecutor must not be given leave under subsection (2) unless evidence presented by the defendant 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— (a) the events in relation to which the defendant is being prosecuted; or (b) the investigation of the offence for which the defendant is being prosecuted. (6) Leave must not 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.