South Australian Current Acts South Australian Current Acts28A—Use of recorded evidence where application made by police
(1) This section
applies in addition to, and does not derogate from, any other power of the
Court to receive evidence or to determine the form in which evidence may be
received (including evidence in the form of a recording).
(2) In any proceedings
in which a police officer has applied for the making, or variation, of an
intervention order—
(a) the
evidence of a relevant person may be admitted in the form of a recording made
by a police officer if the Court is satisfied that the interests of justice
require the admission of the evidence; and
(b) if
evidence of a relevant person is admitted in the form of a recording pursuant
to this section, the relevant person cannot be further examined,
cross-examined or re-examined on the evidence so admitted without the
permission of the Court.
(3) Without limiting
section 42, the regulations may—
(a)
prescribe additional requirements in relation to recordings under this
section; and
(b)
require that additional material be provided to the Court with a recording in
certain circumstances (such as a transcript or translation); and
(c)
prescribe requirements in relation to access to, or service of, recordings and
other material; and
(d)
prescribe requirements in relation to custody of recordings; and
(e)
impose restrictions on copying or distribution of recordings.
(4) In this
section—
"recording" means an audio record or an audio visual record;
"relevant person"—a person is a relevant person in proceedings on an
application for the making, or variation, of an intervention order if the
intervention order is to be, or has been, issued for the protection of the
person.