Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 130

Giving of evidence by witnesses

    (1)     In this section—

S. 130(1) def. of recording amended by No. 68/2009 s. 14(a).

"recording" means an audio or audiovisual recording of—

        (a)     the evidence-in-chief of a witness; or

        (b)     the compulsory examination of a person under section 106—

a transcript of which was served in the hand‑up brief;

"statement" means a statement of a witness, a copy of which was served in the hand-up brief.

    (2)     A witness may be called to give evidence at a committal hearing if—

        (a)     the Magistrates' Court grants leave under section 124 for the cross-examination of the witness; or

        (b)     having regard to the interests of justice, the Magistrates' Court grants leave to the prosecution to call the witness to give oral evidence-in-chief.

    (3)     If the Magistrates' Court grants leave under section 124 to cross-examine a witness,     the evidence-in-chief of the witness must be confined to the witness identifying himself or herself (in a manner consistent with section 131) and attesting to the truthfulness of the statement or the contents of the recording, unless the Magistrates' Court gives leave under subsection (4) or (5).

    (4)     If it is in the interests of justice, the Magistrates' Court may give leave for a witness referred to in subsection (3) to give oral evidence-in-chief supplementary to the statement or recording.

    (5)     If exceptional circumstances exist, the Magistrates' Court may give leave for a witness referred to in subsection (3) to give the whole of his or her evidence-in-chief orally.

    (6)     On application by a party, the Magistrates' Court may permit a statement or the transcript of a recording to be read aloud before the witness is asked to attest to its truthfulness or is cross-examined.

    (7)     Subject to section 124, a witness who gives evidence-in-chief may be cross-examined and re‑examined.

S. 130(8) amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.1).

    (8)     Evidence given at a committal hearing must be recorded in accordance with Part VI of the Evidence (Miscellaneous Provisions) Act 1958 .



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