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Evidence (Miscellaneous Provisions) Act 1991
96Victim impact statements—cross-examination in principal
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96 Victim impact statements—cross-examination in principal
proceeding
(1) The court must not allow the defence to cross-examine the maker of
a victim impact statement about the contents of the statement before
a finding of guilt has been made in the principal proceeding, unless
the court is satisfied that the statement has substantial probative value
to justify allowing the cross-examination.
(2) The court must not allow the defence to cross-examine the maker
about the contents of the statement after a finding of guilt has been
made in the principal proceeding unless—
(a) a lawyer representing the offender applies for leave to conduct
the cross-examination, or if the offender is not legally
represented the offender indicates to the court the nature of the
proposed cross-examination; and
(b) the court is satisfied that the cross-examination would materially
affect the likely sentence to be imposed on an offender; and
(c) the court gives the defence leave to cross-examine the maker.
Victim impact statements Chapter 6A
defence means—
(a) any lawyer representing a defendant or offender; or
(b) if the defendant or offender is not legally represented—the
defendant or offender.