EVIDENCE ACT 1995 No. 2 of 1995 - SECT 105 Further protections: defendants making unsworn statements

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 105

105. (1) This section applies only in a criminal proceeding in which a
defendant has, under a law of a State or Territory, made an unsworn statement.

(2) Evidence that is relevant only to the defendant's credibility may be
adduced from a person other than the defendant if:

   (a)  the evidence has substantial probative value; and

   (b)  subsection (4) or (5) applies.

(3) Without limiting the matters to which the court may have regard in
deciding whether the evidence has substantial probative value, it is to have
regard to:

   (a)  whether the evidence tends to prove that the defendant knowingly or
        recklessly made a false representation when the defendant was under an
        obligation to tell the truth; and

   (b)  the period that has elapsed since the acts or events to which the
        evidence relates were done or occurred.

(4) The evidence may be adduced if it is relevant to whether the defendant:

   (a)  is biased or has a motive to be untruthful; or

   (b)  is, or was, unable to be aware of or recall matters to which his or
        her statement relates; or

   (c)  has made a prior inconsistent statement.

(5) The evidence may, if the court gives leave, be adduced if the defendant
has:

   (a)  suggested in his or her statement that he or she is of good character,
        either generally or in a particular respect; or

   (b)  suggested in his or her statement that a witness called by the
        prosecutor has a tendency to be untruthful, and the suggestion is
        relevant solely or mainly to the witness's credibility.

(6) A reference in paragraph (5)(b) to a suggestion by the defendant does not
include a reference to a suggestion about conduct relating to:

   (a)  the events in relation to which the defendant is being prosecuted; or

   (b)  the investigation of the offence for which the defendant is being
        prosecuted. Note: The NSW Act has no equivalent provision for section
        105.