New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 283D

283D Recordings of interviews with domestic violence complainants

(1) Evidence may be given in the form of a recorded statement instead of a written statement, if the offence is a domestic violence offence.

(2) The requirements of Division 3 of Part 4B in relation to service of, and access to, a recorded statement must be complied with in relation to any recorded statement used instead of a written statement.

(3) However, if the requirements of Division 3 of Part 4B have not been complied with, the recorded statement may be admitted if the court is satisfied that--

(a) the parties consent to the recorded statement being admitted, or

(b) the accused person or his or her Australian legal practitioner (if any) have been given a reasonable opportunity otherwise than in accordance with that Division to listen to or view and listen to, the recorded statement and it would be in the interests of justice to admit the recorded statement.

(4) This section does not affect section 289I (2).