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CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 41 Procedure where hand-up brief served

CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 41

Procedure where hand-up brief served

In Part 5 of Schedule 5 to the Magistrates' Court Act 1989 , before clause 12 insert

        "11A.     No cross-examination of certain witnesses

Despite anything to the contrary in this Part, the Court must not grant leave to cross-examine a witness who—

        (a)     is a complainant in a legal proceeding that relates (wholly or partly) to a charge for a sexual offence; and

        (b)     is a child or a person with a cognitive impairment; and

        (c)     made a statement a copy of which was served in the hand-up brief or a transcript of a recording of whose evidence-in-chief or examination under section 56A was served in the hand-up brief.".

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