Issue, Relevance and Justification – Preparation of Form 32 and 198A Applications

Date uploaded:
25 Mar 2021

Cross-examining a witness at committal or on a section 198A hearing (for sexual offence matters involving child or cognitively impaired complainants) is a rigorous process that begins well before a single question is asked. Practitioners are required to make application, in writing, for leave to cross-examine witnesses. They must satisfy the court that cross-examination of each witness is justified due to the existence of a particular issue and the relevance of that witness to that issue.

The application may be challenged, by either the prosecution or the bench, and consequences may range from a frazzled advocate to a client whose trial may ultimately be disadvantaged by the lack of pre-trial cross-examination. This presentation aims to assist practitioners in the preparation of Form 32 and Section 198A applications and arguing them in court.

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