What is the current state of the law on cross-examination?

There is no mechanism to stop or prevent an accused making those inquiries either prior to a trial or preliminary, or at a trial or preliminary inquiry. While revelations, as in this case, may give rise to the interruption of trials whilst applications for production are made, that does not, in and of itself, infringe a right to full answer and defence. Thus, while a preliminary hearing judge does not have the power to order production, there is nothing in the legislation or in either of the judgments in Regina v. O'Connor or the law generally that prohibits the exercise of the right of cross- examination at the preliminary inquiry to provide an evidentiary basis for such an application, which must be made to the trial judge. Whether that application is made prior to the trial or during it is a matter of timing and choice by counsel. Indeed, it would be hard to imagine any basis for objection to such a cross-examination, given that the issue of credibility, including aspects of recollection, is always a live issue even at a preliminary inquiry.