New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294CA

294CA Admission of evidence of sexual offence witness given as complainant in earlier proceedings

(1) This section applies if a person who was a complainant in proceedings for a prescribed sexual offence (the
"earlier proceedings" ) is called as a sexual offence witness in later proceedings for a prescribed sexual offence (the
"current proceedings" ).

(2) A prosecutor may tender as evidence in current proceedings a record of the evidence of the person given in the earlier proceedings (the
"original evidence" ).

(3) The original evidence of the person means all evidence given by the person in the earlier proceedings, including the evidence given by the person on examination in chief in the earlier proceedings and any further evidence given on cross-examination or re-examination in those proceedings.

(4) Despite anything to the contrary in the Evidence Act 1995 , or any other Act or law, a record of the original evidence of the person is admissible in the current proceedings if--

(a) the prosecutor gives written notice to the accused person, in accordance with the regulations, of the prosecutor's intention to tender the record under this section, and

(b) the prosecutor gives written notice to the court of the prosecutor's intention to tender the record under this section, and

(c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the current proceedings or within such other period as the court may allow.

(5) If a record of original evidence is admitted in current proceedings under this section, the person is not compellable to give further evidence about the same matters in the current proceedings unless the court is satisfied that it is necessary for the person to give further evidence--

(a) to clarify any matters relating to the original evidence of the person, or

(b) to canvass information or material that has become available since the original evidence was given, or

(c) in the interests of justice.

(6) The court is to ensure that the person is questioned by any party to the current proceedings only in relation to matters that are relevant to the matters mentioned in subsection (5).

(7) Subject to subsection (6), if a person gives any further evidence under this section, the person is compellable (for the prosecution or the accused person) to give evidence.

(8) The court hearing the current proceedings may decline to admit a record of original evidence of a person if, in the court's opinion, the accused person would be unfairly disadvantaged by the admission of the evidence, having regard to the following--

(a) the completeness of the original evidence, including whether the person has been cross-examined on the evidence,

(b) the effect of editing any inadmissible evidence from the original evidence,

(c) the availability or willingness of the person to attend to give further evidence and to clarify any matters relating to the original evidence,

(d) the interests of justice,

(e) any other matter the court thinks relevant.

(9) If the court allows a record of the original evidence of the person to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the person had been given orally before the court hearing the current proceedings in accordance with the usual rules and practice of the court.

(10) The hearsay rule (within the meaning of the Evidence Act 1995 ) does not prevent the admission of a record of the original evidence of the person under this section or the use of that record to prove the existence of a fact that the person intended to assert by a representation made in the original evidence.

(11) Sections 306E- 306G (including any regulations made for the purposes of those sections) apply for the purposes of this section with such modifications as are necessary.