New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 31D

31D Statements must comply with requirements

(1) A statement is not admissible as evidence for the purposes of this Division unless any requirements specified for the statement by or under this Division, or under subsection (2), are complied with in relation to the statement and any associated exhibits or documents.

(2) Part 3A of Chapter 6 of the Criminal Procedure Act 1986 applies to or in respect of a statement tendered for the purposes of this Division under section 31C (1) (b).

(3) A statement that is not admissible as evidence under this section may nevertheless be admitted as evidence if otherwise admissible in accordance with any rule or law of evidence.

(4) A statement sought to be admitted for the purposes of this Division must be served on the accused person on or before the day set by the Children's Court for that purpose.

(5) The Children's Court must refuse to admit a statement sought to be tendered under this Part if any requirement specified for the statement by or under this Division, or under subsection (2), has not been complied with by the prosecutor.

(6) Despite subsection (5), the Children's Court may admit the statement sought to be tendered if the Court is satisfied that--

(a) the non-compliance is trivial in nature, or

(b) there are other good reasons to excuse the non-compliance, and admit the statement, in the circumstances of the case.