8ACross-examination of certain victims and witnesses

8A Cross-examination of certain victims and witnesses

[Section 8A Inserted by No. 63 of 2013, s. 12, Applied:01 Mar 2014]

(1)  In any prescribed proceeding for an offence, a defendant is not to be permitted to cross-examine a witness who is the alleged victim of the offence unless the cross-examination is undertaken by counsel.

(1A)  [Section 8A Subsection (1A) inserted by No. 26 of 2018, s. 9, Applied:10 Dec 2018] In an application referred to in paragraph (ac) or (ad) of the definition of prescribed proceeding in section 3 , a defendant referred to in paragraph (ab) , (ac) or (ad) of the definition of defendant in section 3 is not to be permitted to cross-examine a person who is the alleged victim of any family violence offence to which the application relates unless the cross-examination is undertaken by counsel.

(1B)  [Section 8A Subsection (1B) inserted by No. 26 of 2020, s. 15, Applied:01 Mar 2021] In any specified proceeding for a specified offence, a defendant is not to be permitted to cross-examine a prescribed witness unless the cross-examination is undertaken by counsel.

(2)  [Section 8A Subsection (2) amended by No. 26 of 2020, s. 15, Applied:01 Mar 2021] [Section 8A Subsection (2) amended by No. 26 of 2020, s. 15, Applied:01 Mar 2021] [Section 8A Subsection (2) amended by No. 26 of 2018, s. 9, Applied:10 Dec 2018] If a defendant is not legally represented in a prescribed proceeding or a specified proceeding that will involve the taking of evidence from a witness who is referred to in subsection (1) or (1B) , or a person who is referred to in , the judge must ensure that the defendant –