New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306J

306J Whether complainant or special witness compellable to give further evidence

(1) If a record of the original evidence of the complainant or a special witness (or any part of the record) is admitted in proceedings under this Division, the complainant or special witness is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant or special witness to give further evidence--

(a) to clarify any matters relating to the original evidence of the complainant or special witness, or

(b) to canvas information or material that has become available since the original proceedings, or

(c) in the interests of justice.

(2) Subsection (1) applies despite anything to the contrary in this Act or the Evidence Act 1995 .

(3) The court is to ensure that the complainant or special witness is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).

(4) Subject to subsection (3), if a complainant or special witness gives any further oral evidence under this section, the complainant or special witness is compellable (for the prosecution or the accused person) to give evidence.