Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103O

103O Editing or otherwise altering recorded statements

(1) A recorded statement may be edited or otherwise altered only—

(a) with the consent of the parties to the domestic violence proceeding in which the recorded statement is, or is to be, presented; or

(b) if the editing or alteration is required—

(i) to avoid disclosing material that is not required or permitted to be disclosed to the defendant; or

Examples—

• to avoid disclosing sensitive evidence under the Criminal Code , section 590AF to the defendant

• to avoid disclosing witness contact details to the defendant that are not required to be disclosed under the Criminal Code , section 590AP

• to avoid disclosing a thing to the defendant that is not required to be disclosed under the Criminal Code , section 590AQ

(ii) to comply with a direction or order of the court.

Example—

a direction under section 103H (2) that a recorded statement be edited or otherwise altered to delete an inadmissible part

(2) If a defendant is not represented by a lawyer, the defendant may give the consent mentioned in subsection (1) (a) only if—

(a) the Criminal Code , section 590AOB has been complied with for the recorded statement; and

(b) the court is satisfied the defendant understands the consequences of giving the consent.