EVIDENCE ACT 2001 - SECT 108B Further protections: previous representations of an accused who is not a witness
EVIDENCE ACT 2001 - SECT 108B
Further protections: previous representations of an accused who is not a witness
(1) This section applies only in a criminal proceeding and so applies in addition to section 108A .(2) If the person referred to in that section is a defendant, the credibility evidence is not admissible unless the court gives leave.(3) Despite subsection (2) , leave is not required if the evidence is about 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 previous representation relates; or(c) has made a prior inconsistent statement.(4) The prosecution must not be given leave under subsection (2) unless (a) the defendant or the person representing the defendant has questioned the witnesses for the prosecution to prove that the defendant is, either generally or in a particular respect, a person of good character; or(b) the nature or conduct of the defence involves imputations on the character of the prosecutor or any witness for the prosecution.(5) Another defendant must not be given leave under subsection (2) unless the previous representation of the defendant that has been admitted includes evidence adverse to the defendant seeking leave.