Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103I

103I Admissibility of recorded statements in particular committal proceedings

(1) This section applies in relation to a domestic violence proceeding that is a committal proceeding.

(2) A transcript of a recorded statement is admissible in the proceeding as a complainant’s evidence-in-chief only if—

(a) the recorded statement would be admissible under section 103H as if subsection (1) (d) of that section were omitted; and

(b) the transcript is admitted as a written statement under the Justices Act 1886 , section 110A .

(3) For subsection (2) , the Justices Act 1886 , section 110A applies with all necessary changes and as though—

(a) a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3 ; and

(b) subsection (6C) (c) of that section were omitted.

(4) If the transcript is to be tendered as a written statement as provided for in this section—

(a) the complainant is, for the purposes of the Justices Act 1886 , section 83A (5AA) , to be taken to be the maker of the written statement; and

(b) the recorded statement may be admitted under the Justices Act 1886 , section 83A (5AA) (a) in lieu of oral evidence.

(5) This section does not preclude the court from requiring a complainant to—

(a) attest to the truthfulness of the contents of the transcript or the recorded statement; or

(b) be made available to give further oral evidence or for cross-examination and re-examination.