New South Wales Consolidated Regulations

CRIMINAL PROCEDURE REGULATION 2017 - REG 20

20 Prosecuting authority notice

(1) For the purposes of section 306V (2) of the Act, if a prosecuting authority intends to adduce evidence in a criminal proceeding of a previous representation--

(a) by a vulnerable person who is not the accused person, and

(b) wholly or partly by means of a recorded interview or a transcript of a recorded interview,

the prosecuting authority must notify the accused person or his or her Australian legal practitioner (if any) of the intention in accordance with this clause.

(2) A notice under subclause (1) must--

(a) be in writing, and

(b) specify each recorded interview (or transcript of the interview) that the prosecuting authority intends to adduce, and

(c) contain information to the effect that the accused person and his or her Australian legal practitioner are entitled to listen to or view each recorded interview at a police station or other place nominated by the prosecuting authority, and

(d) set out the name of a person responsible for arranging access to each recorded interview.

(3) A notice under subclause (1) must be given to the accused person or his or her Australian legal practitioner at least 14 days before the evidence for the prosecution is given in the proceeding.

Note--: Section 76 of the Act provides that a transcript of a recorded interview is not admissible in committal proceedings unless the accused person has been given, in accordance with the regulations under section 306V (2) of the Act, a reasonable opportunity to listen to or view the recorded interview.