Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If the informant has served a copy of a written statement on the accused person in accordance with section 90, the court at the committal hearing must (subject to subsection (3)) admit the statement (and any exhibit identified in it) as evidence of the matters in it.
(2) The statement is the deposition of the person who made it if admitted into evidence.
(3) Subject to subsection (4), a written statement must not be admitted in evidence by the court unless—
(a) it contains the following endorsement by the person who made it:
‘This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.'; and
(b) it contains a statement that, before the person signed it, the person who made it read the statement or had it read to the person.
(4) A written statement that is in the form of a transcript of a recording made by a police officer may be admitted in evidence by the court if—
(a) the transcript is of a recording of an interview with a person during which the person was questioned by the police officer in connection with the investigation of an offence the subject of the proceeding; and
(b) a police officer certifies that the statement is an accurate transcript of the recording.
(5) If it appears to the court that any part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the court may, if the statement is otherwise admissible under this section, admit that statement, but, if it does so, must identify the part that is inadmissible and must, with reference to that part, write on the statement the words ‘ruled inadmissible' or words to that effect.
(6) A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court's leave.
(7) The court may give leave only—
(a) on application by the prosecution; and
(b) if it considers that the interests of justice cannot adequately be satisfied if the witness's evidence-in-chief is not given in person at the hearing.
(8) However, a person must not be required to attend and give evidence at a committal hearing in relation to a sexual offence (whether or not the hearing also relates to another offence) if the person is a complainant in relation to the sexual offence.
(9) In this section:
"sexual offence" means an offence against the Crimes Act 1900
, part 3 (Sexual Offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude).