Victorian Consolidated Legislation

Evidence Act 2008 - SECT 42

Leading questions

42. Leading questions



(1) A party may put a leading question to a witness in cross-examination
unless the court disallows the question or directs the witness not to answer
it.

(2) Without limiting the matters that the court may take into account in
deciding whether to disallow the question or give such a direction, it is to
take into account the extent to which-

   (a)  evidence that has been given by the witness in examination in chief is
        unfavourable to the party who called the witness; and

   (b)  the witness has an interest consistent with an interest of the
        cross-examiner; and

   (c)  the witness is sympathetic to the party conducting the
        cross-examination, either generally or about a particular matter; and

   (d)  the witness's age, or any mental, intellectual or physical disability
        to which the witness is subject, may affect the witness's answers.



(3) The court is to disallow the question, or direct the witness not to answer
it, if the court is satisfied that the facts concerned would be better
ascertained if leading questions were not used.

(4) This section does not limit the court's power to control leading
questions.

Note Leading question is defined in the Dictionary.