Evidence Act 2011
43Prior inconsistent statements of witnesses
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43 Prior inconsistent statements of witnesses (1) A witness may be cross-examined about a prior inconsistent statement alleged to have been made by the witness whether or not— (a) complete particulars of the statement have been given to the witness; or (b) a document containing a record of the statement has been shown to the witness. (2) If, in cross-examination, a witness does not admit that the witness has made a prior inconsistent statement, the cross-examiner must not present evidence of the statement otherwise than from the witness unless, in the cross-examination, the cross-examiner— (a) told the witness enough of the circumstances of the making of the statement to enable the witness to identify the statement; and (b) drew the witness’s attention to the part of the statement that is inconsistent with the witness’s evidence. (3) For the purpose of presenting evidence of the statement, a party may re-open the party’s case.