Could the evidence substantially affect the assessment of credibility of the witness 104 Cross-examination of The test from s 103 Yes unless – the Accused conditions PLUS leave is required unless satisfied XX about bias, motive to be – untruthful, unable to be aware, or prior inconsistent statement. Leave must not be given unless credibility of a prosecution witness has been impugned during XX 106 Rebutting denials by Ensure the evidence has been Yes unless a – adducing evidence to "put" to the relevant witness condition in discredit a witness during XX. Only admissible if (2) is satisfied evidence denied. 108 Re-establishing Re-examination may cover Yes for – credibility credibility if credibility prior impugned. consistent statements consistent statements may become admissible 108A (similar Credibility of Rules re credibility where No test to 103) evidence of a representation admitted but witness not called 108B (similar Credibility of Accused re credibility where Yes unless – test to 104) who is a evidence of a representation conditions admitted but accused not called satisfied 108C Experts giving An expert may give evidence re Yes evidence on cred. the credibility of a witness
Could the evidence substantially affect the assessment of credibility of the witness 104 Cross-examination of the Accused The test from s 103 PLUS leave is required unless XX about – bias, motive to be untruthful, unable to be aware, or prior inconsistent statement. Leave must not be given unless credibility of a prosecution witness has been impugned during XX Yes – unless conditions satisfied 106 Rebutting denials by adducing evidence to discredit a witness Ensure the evidence has been "put" to the relevant witness during XX. Only admissible if evidence denied. Yes – unless a condition in (2) is satisfied 108 Re-establishing credibility Re-examination may cover credibility if credibility impugned. consistent statements may become admissible Yes – for prior consistent statements 108A (similar test to 103) Credibility of Rules re credibility where evidence of a representation admitted but witness not called No 108B (similar test to 104) Credibility of Accused who is a re credibility where evidence of a representation admitted but accused not called Yes – unless conditions satisfied 108C Experts giving evidence on cred. An expert may give evidence re the credibility of a witness Yes
The-Credibility-Rule-paper-2012.docx