Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-23

346. Contents of application for leave

346. Contents of application for leave

(1) An application for leave under section 342 must be in writing and set out the matters required by subsection (2) or (3), as the case requires.

(2) An application for leave to cross-examine the complainant as to the sexual activities of the complainant must set out—

(a) the initial questions sought to be asked of the complainant; and

(b) the scope of the questioning sought to flow from the initial questioning; and

(c) how the evidence sought to be elicited from the questioning has substantial relevance to facts in issue or why it is proper matter for cross-examination as to credit.

(3) An application for leave to admit evidence as to the sexual activities of the complainant must—

(a) identify the evidence that is sought to be admitted; and

(b) set out how the evidence has substantial relevance to facts in issue.

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