ACTIn ForceAct
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.