108Exception—re-establishing credibility

108 Exception—re-establishing credibility (1) The credibility rule does not apply to evidence given by a witness in re-examination. (2) The credibility rule does not apply to evidence of a prior consistent statement of a witness if— (a) evidence of a prior inconsistent statement of the witness has been admitted; or (b) it is or will be suggested (either expressly or by implication) that evidence given by the witness has been fabricated or reconstructed (whether deliberately or otherwise) or is the result of a suggestion; and the court gives leave to present the evidence of the prior consistent statement. Division 3.7.3 Credibility of people who are not witnesses Division 3.7.3 Credibility of people who are not witnesses 108A Admissibility of evidence of credibility of person who has made a previous representation (a) evidence of a previous representation has been admitted in a proceeding; and (b) the person who made the representation has not been called, and will not be called, to give evidence in the proceeding; credibility evidence about the person who made the representation is not admissible unless the evidence could substantially affect the assessment of the person’s credibility. (2) Without limiting the matters to which the court may have regard for subsection (1), it must have regard to— (a) whether the evidence tends to prove that the person who made the representation knowingly or recklessly made a false representation when the person was under an obligation to tell the truth; and (b) the period that elapsed between the doing of the acts or the happening of the events to which the representation related and the making of the representation.