Cross-examination, and evidentiary privileges

Now that we’ve managed the most difficult part of law studies (getting started), we’re well on our way. Today, we’ll look at the principles and procedures guiding cross-examination – don’t forget that those procedures are linked to the principles of credibility evidence, but let’s not get ahead of ourselves. In our last leg of the journey, we’ll pull on our wetsuits and taking a deep dive into privilege, peeking at the Uniform Evidence Act provisions on the privilege against self-incrimination, and matters of state immunity. In our next episode, we’ll look at client legal privilege and then the tricky rules of admissibility of credibility evidence.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on cross-examination, the prosecution failure to call witnesses, the defence failure to call witnesses, the rule in Browne v Dunn, and the privilege against self incrimination, and matters of state immunity.