NSW Can Witness or Defendant Change Their Statements?
- Thread starter lindamerie
- Start date
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- Tags
- witness
Hi lindamerie
Yes .. the law provides for this in the Commonwealth Uniform Evidence Act, sections 43 & 44 (2) & (3). Changes to statements intended to be evidence may be subject to cross examination by the court which will be undertaken on a witnesses' prior inconsistent statement without a need to provide full particulars or a document.
Limited cross examination may be undertaken on previous representations of another person also.
Courts may declare a witness unfavourable under section 38 by leave of the court if a witness has at any time made an inconsistent statement.
Hostile witness statements include those containing deliberate lies or those with holding material evidence & may also be inadmissable.
In some circumstances though prior inconsistent statements are admissable & the legislation provides for this under Part 3 of the Uniform Evidence Act.
For application of this information to a specific & particular set of circumstances, connect with a lawyer.
Cheers
Yes .. the law provides for this in the Commonwealth Uniform Evidence Act, sections 43 & 44 (2) & (3). Changes to statements intended to be evidence may be subject to cross examination by the court which will be undertaken on a witnesses' prior inconsistent statement without a need to provide full particulars or a document.
Limited cross examination may be undertaken on previous representations of another person also.
Courts may declare a witness unfavourable under section 38 by leave of the court if a witness has at any time made an inconsistent statement.
Hostile witness statements include those containing deliberate lies or those with holding material evidence & may also be inadmissable.
In some circumstances though prior inconsistent statements are admissable & the legislation provides for this under Part 3 of the Uniform Evidence Act.
For application of this information to a specific & particular set of circumstances, connect with a lawyer.
Cheers
