Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Admissibility of recorded evidence-in-chief

    (1)     Subject to this Division, a recorded statement referred to in section 387E is admissible in evidence as if its contents were the direct testimony of the complainant

        (a)     in the proceeding; and

        (b)     unless the relevant court otherwise orders, in any new trial of, or appeal from, the proceeding.

    (2)     Subject to subsection (4), a recorded statement is admissible under subsection (1) if—

        (a)     the recorded statement complies with section 387G; and

        (b)     subject to subsection (3), a copy or transcript of the recorded statement was served in accordance with section 387H; and

        (c)     subject to subsection (3), the court is satisfied that, if the accused is not represented by a legal practitioner, the accused was given a reasonable opportunity to—

              (i)     view the recorded statement if it is in the form of an audiovisual recording; or

              (ii)     listen to the recorded statement if it exists only in the form of an audio recording and the accused has not been served with a copy of it; and

        (d)     at the hearing of the proceeding, the complainant

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

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

    (3)     A recorded statement is admissible under subsection (1) despite non-compliance with subsection (2)(b) or (c) if the parties consent to its use as the complainant's evidence-in-chief.

    (4)     The court may rule as inadmissible the whole or any part of the content of a recorded statement and, if so, the court may direct that the recorded statement be edited or otherwise altered to delete any part that is inadmissible.

    (5)     Without limiting what is a reasonable opportunity for the purposes of subsection (2)(c), a reasonable opportunity is taken to have been given if—

        (a)     the accused was given an opportunity to view or listen to the recorded statement, as referred to in subsection (2)(c), while being questioned in relation to the alleged family violence offence; or

        (b)     the informant notified the accused in writing that the accused had the right to view or listen to the recorded statement, as referred to in subsection (2)(c), on a day arranged with the informant.

S. 387G inserted by No. 33/2018 s. 116.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback