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CRIMINAL PROCEDURE ACT 2009 - SECT 368

Admissibility of recorded evidence-in-chief

    (1)     Subject to subsection (3), a recording referred to in section 367 is admissible as evidence in a summary hearing, special hearing or trial in the proceeding as if its contents were the direct testimony of the witness if—

        (a)     a transcript of it was served personally on the accused in accordance with section 391, or on the legal practitioner representing the accused in accordance with section 394—

              (i)     in the case of a summary proceeding, at least 14 days before the contest mention hearing or, if a contest mention hearing is not held, the summary hearing;

              (ii)     in the case of a trial, at least 14 days before the day on which the trial is listed to commence or, if a special hearing is to be held, at least 14 days before that hearing; and

        (b)     the court is satisfied that the accused and the legal practitioner of the accused were given, in accordance with the regulations, a reasonable opportunity to listen to and, in the case of an audiovisual recording, view the recording; and

        (c)     at the summary hearing, special hearing or trial, the witness

              (i)     identifies himself or herself and attests to the truthfulness of the contents of the recording; and

              (ii)     is available for cross-examination and re-examination.

    (2)     The admissibility of a recording of the evidence of a person under the age of 18 years is not affected only because the person attains the age of 18 years before the evidence is presented in a proceeding.

S. 368(3) amended by No. 48/2012 s. 22(1).

    (3)     The court may rule as inadmissible the whole or any part of the contents of a recording and, if so, the court may direct that the recording be edited or altered to delete any part of it that is inadmissible.

S. 368(4) inserted by No. 48/2012 s. 22(2).

    (4)     Subject to this section, a recording referred to in section 367 is admissible in evidence as if its contents were the direct testimony of the witness

        (a)     in the proceeding; and

        (b)     unless the relevant court otherwise orders, in—

              (i)     any new trial of, or appeal from, the proceeding; or

              (ii)     another proceeding in the same court for the charge for an offence specified in section 366(1) or a charge for a related offence; or

              (iii)     a civil proceeding arising from the same facts as those on which the charge for an offence specified in section 366(1) is founded.

S. 368(5) inserted by No. 48/2012 s. 22(2).

    (5)     The court, by order, may abridge any time fixed—

        (a)     by or under subsection (1)(a); or

        (b)     by any order abridging time made under this subsection—

if the court considers that it is in the interests of justice to do so.

S. 368A inserted by No. 48/2012 s. 23.



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