EVIDENCE ACT 1906 - SECT 26

EVIDENCE ACT 1906 - SECT 26

26 .         Improper questions

        (1)         The court may disallow a question put to a witness in cross-examination, or inform the witness that it need not be answered, if the question is —

            (a)         misleading; or

            (b)         unduly annoying, harassing, intimidating, offensive, oppressive or repetitive.

        (2)         Subsection (1) extends to a question that is otherwise proper if the putting of the question is unduly annoying, harassing, intimidating, offensive or oppressive.

        (3)         Without limiting the matters that the court may take into account for the purposes of subsection (1), it is to take into account —

            (a)         any relevant condition or characteristic of the witness, including age, language, personality and education; and

            (b)         any mental, intellectual or physical disability to which the witness is or appears to be subject.

        [Section 26 inserted: No. 46 of 2004 s. 11.]