New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 283C

283C Recordings of interviews with vulnerable persons

(1) A written statement may be in the form of a transcript of a recording made by an investigating official of an interview with a vulnerable person, during which the vulnerable person was questioned by the investigating official in connection with the investigation of the commission or possible commission of the offence (as referred to in section 306R), but only if this section is complied with.

(2) The copy of the transcript of the recording must be certified by an investigating official as an accurate transcript of the recording.

(3) The accused person must be given, in accordance with the regulations under section 306V (2), a reasonable opportunity to listen to and, in the case of a video recording, to view, the recording.

(4) However, if the requirements of the regulations under section 306V (2) have not been complied with, the recording may be admitted if the Magistrate is satisfied that--

(a) the parties consent to the recording being so used, or

(b) the accused person and his or her Australian legal practitioner (if any) have been given a reasonable opportunity otherwise than in accordance with those regulations to listen to or view the recording and it would be in the interests of justice to so use the recording.

(5) Nothing in this Part requires the prosecutor to serve or cause to be served on the accused person a copy of the actual recording made by an investigating official of an interview with the vulnerable person (other than a transcript of the recording).

(6) This section does not affect section 306V (2).

(7) In this section--

"investigating official" has the same meaning as it has in Part 6 of this Chapter.

Note : Part 6 of this Chapter allows vulnerable persons (children and cognitively impaired persons) to give evidence of a previous representation in the form of a recording made by an investigating official of an interview with the vulnerable person. Section 306V (2) (which is contained in that Part) provides that such evidence is not to be admitted unless the accused person and his or her Australian legal practitioner have been given a reasonable opportunity to listen to or view the recording.