Cross-examination

Question 1

What is the purpose of cross-examination?

Answer 1

(1) to elicit information supporting the case of the party conducting the cross-examination
(2) to challenge the accuracy of the testimony given in evidence in chief (casting doubt)

Question 2

Who can cross-examine a witness?

Answer 2

All parties other than the one calling the witness

Question 3

Section 92(1) Evidence Act 2006
Cross-examination duties

Answer 3

A party must cross-examine a witness on significant matters that are relevant and in issue and that contradict the evidence of that witness, if the witness could reasonably be expected to be in a position to give admissible evidence on those matters

Question 4

Section 85, Evidence Act 2006
Unacceptable questions

Answer 4

(1) Judge may disallow, or direct that a witness is not obliged to answer, any question that the Judge considers improper, unfair, misleading, needlessly repetitive, or expressed in a language that is too complicated for the witness to understand

(2) Judge may take into account
(a) age/maturity of witness
(b) any physical, intellectual, psychological or psychiatric impairment of the witness
(c) linguistic or cultural background or religious beliefs of the witness
(d) nature of the proceeding
(e) in the case of a hypothetical question, whether the hypothesis has been or will be proved by other evidence in the proceeding

Question 5

Section 96, Evidence Act 2006
Cross-examination on previous statement of witnesses

Answer 5

(1) A person who cross-examines a witness may question the witness about a previous statement made by that witness without showing it or disclosing its contents if the time place and other circumstances concerning the making of the statement are adequately identified to the witness

(1) If witness does not expressly admit making the statement and the party wishes to prove that they did not make the statement -
(a) party must show the statement to the witness / disclose contents
(b) witness must be given an opportunity to deny making the statement or explain any inconsistency

Question 6

Re-examination of witnesses

Answer 6

Re-examination may only be conducted for the purpose of clarifying or qualifying any issue raised during cross-examination.

May not be questioned on any other matter, except with the permission of the Judge

Question 7

Evidence in rebuttal

Answer 7

Evidence that is called by either party after the completion of their own case, in order to rebut something arising during the trial.

This can only be admitted with the leave of the court. Permissible up to the time when the jury retires.

Question 8

Re-calling witnesses

Answer 8

A judge may recall a witness who has given evidence where he/she considers that it is in the interests of justice to do so