Queensland Consolidated Acts

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EVIDENCE ACT 1977 - SECT 103F

When recorded statement is made with informed consent

103F When recorded statement is made with informed consent

(1) A recorded statement is made with the informed consent of a complainant if the making of the recorded statement complies with this section.
(2) A police officer taking the recorded statement must, before taking the recorded statement, inform the complainant that—
(a) the recorded statement may be presented as the complainant’s evidence-in-chief in a court; and
(b) regardless of whether the recorded statement is presented as the complainant’s evidence-in-chief, the recorded statement can be disclosed to, and used by, the accused person and other persons; and
(c) if the recorded statement is presented as the complainant’s evidence-in-chief in a court, the complainant may be required—
(i) to attest to the truthfulness of the contents of the recorded statement in the court; and
(ii) to give further evidence in the court; and
(d) the complainant may refuse to consent to the making of the recorded statement.
(3) After being informed of the matters mentioned in subsection (2) , the complainant must indicate in the recorded statement that the complainant
(a) understands the matters; and
(b) consents to the making of the recorded statement.



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