Commonwealth Numbered Regulations

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SUMMARY AUTHORITY RULES (SLI NO 196 OF 2008) - RULE 48

Examination of witnesses

         (1)   A witness before a summary authority may be:

                (a)    examined by the person who called the witness; and

               (b)    cross‑examined by the other party to the proceedings or by a co‑accused.

         (2)   Evidence that a witness has made a prior inconsistent statement is not to be adduced unless, in cross‑examination of that witness:

                (a)    the making of the prior inconsistent statement is brought to the witness' attention; and

               (b)    the witness has been invited to comment on it.

         (3)   On the conclusion of any cross‑examination, the witness may be re‑examined, on matters arising out of the cross‑examination, by the person who called the witness.

         (4)   The summary authority may allow the cross‑examination or re‑examination of a witness to be postponed if the summary authority believes it is in the interests of justice to do so.

         (5)   The summary authority may put questions to the witness.

         (6)   If the witness answers a question put by the summary authority, the accused person and the prosecuting officer may, by leave of the summary authority, put questions to the witness arising from the answer.



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