New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROCEDURE ACT 1986 - SECT 289I

Admissibility of recorded evidence

289I Admissibility of recorded evidence

(1) The hearsay rule and the opinion rule (within the meaning of the Evidence Act 1995 ) do not prevent the admission or use of evidence of a representation in the form of a recorded statement.
(2) Evidence of a representation of a complainant that is given in the form of a recorded statement is not to be admitted unless the accused person was given, in accordance with Division 3, a reasonable opportunity to listen to, and, in the case of a video recording, view the recorded statement.
(3) However, the recorded statement may be admitted even if the requirements of Division 3 have not been complied with 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 Division 3 to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback