Crimes Act 1914

Part IAD - Protecting vulnerable persons  

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History

Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:

Part IAD - Protection of children in proceedings for sexual offences

Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

Division 3 - Cross-examination  

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Div 3 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

SECTION 15YH   Represented defendants - cross-examination of vulnerable persons  

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(1)    
A defendant in a proceeding who is represented by counsel is not to cross-examine, except through counsel, a person to whom subsection (2) applies.

Note:

A person is not to cross-examine certain persons at committal proceedings or proceedings of a similar kind - see section 15YHA .

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S 15YH(1) amended by No 70 of 2020, s 3 and Sch 3 item 4, by inserting the note, applicable in relation to proceedings begun on or after 20 July 2020.

S 15YH(1) renumbered from S 15(YH) and amended by No 74 of 2013, s 3 and Sch 2 item 32 and 33, by substituting " , except through counsel, a person to whom subsection (2) applies " for " a child witness or a child complainant except through counsel " , applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

(2)    

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This subsection applies to the following persons:

(a) for a child proceeding - a child witness;

(b) for a vulnerable adult proceeding - a vulnerable adult complainant;

(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.

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S 15YH(2) inserted by No 74 of 2013, s 3 and Sch 2 item 34, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

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History

S 15YH inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

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