Victorian Numbered Acts

CRIMES LEGISLATION FURTHER AMENDMENT ACT 2017 (NO. 6 OF 2017) - SECT 3

After section 232 of the Criminal Procedure Act 2009 insert —

        " 232A     Trial judge may give directions about the giving of concurrent or consecutive evidence by expert witnesses

    (1)     This section applies despite sections 226 and 231(2).

    (2)     The trial judge, with the consent of the prosecution and the accused, may direct that 2 or more expert witnesses give evidence concurrently or consecutively.

    (3)     In determining the procedure to be followed for the giving of evidence concurrently or consecutively, the trial judge may direct that any expert witness—

        (a)     give evidence at any stage of the trial, including after all factual evidence has been adduced on behalf of the prosecution and the accused; or

        (b)     give an oral exposition of the opinion of the expert witness on any issue; or

        (c)     give the opinion of the expert witness of any opinion given by another expert witness; or

        (d)     be examined, cross-examined or re-examined in a particular manner or sequence, including by putting to each expert witness in turn each question relevant to one matter or issue at a time; or

        (e)     be permitted to ask questions of any other expert witness who is concurrently giving evidence.

    (4)     The trial judge may question any expert witness to identify the real issues in dispute between 2 or more expert witnesses, including questioning more than one expert witness at the same time.

    (5)     Nothing in this section limits any other power the court may have in relation to case management, evidence or witnesses, including expert witnesses.".