5.1 Chapter 2, Divisions 3, 4 and 5 of the uniform Evidence Acts govern the manner in which witnesses may be questioned and give evidence. For example, under s 26, the court has a general power to make such orders as it considers just in relation to the questioning of witnesses and the production and use of documents. Division 3 also sets the order in which examination in chief, cross-examination and re-examination are to take place, and deals with attempts to revive memory and evidence given by police officers. Division 3 deals with the giving of evidence by witnesses during proceedings. Division 4 is concerned with the examination in chief and re-examination of witnesses.

5.2 The focus of this chapter is on the rules governing cross-examination of witnesses. The Inquiry has found that there is general satisfaction with these sections of the uniform Evidence Acts. However, concerns relating to the giving of evidence in narrative form, cross-examination of unfavourable witnesses and cross-examination of vulnerable witnesses were raised.