(1) A recorded statement must be served on the accused or the accused's legal practitioner in accordance with Part 3.2, Part 4.4 or Part 5.5, as the case requires, subject to the following modifications—
(a) if the accused is represented by a legal practitioner, the legal practitioner must be served with an audiovisual copy of the recorded statement (or an audio copy if the statement is in audio form) but must not give a copy of the recorded statement to the accused or allow the accused to be given, or take a copy of, the recorded statement;
(b) if the accused is not represented by a legal practitioner, the accused must be served with—
(i) an audio copy of the recorded statement (whether the recorded statement is in audio or audiovisual form); or
(ii) in the circumstances described in subsection (2), a transcript of the recorded statement.
(2) For the purposes of subsection (1)(b)(ii), an accused is to be served with a transcript rather than an audio copy only if the informant or prosecutor believes that—
(a) serving an audio copy on the accused would be likely to present a reasonably ascertainable risk that the accused would commit an offence under section 387L(1) or (2) in relation to the recorded statement; or
(b) in the particular circumstances of the accused, a transcript is required.
An example for subsection (2)(b) is where an accused is hearing impaired and would not be able to listen to an audio copy of the recorded statement.
(3) In addition to subsection (1), if a recorded statement is to be used in a committal proceeding or a trial on indictment, a transcript of the recorded statement must be served on the accused or the accused's legal practitioner in the same manner as the recorded statement is served under Part 4.4 or Part 5.5, as the case requires.
S. 387I inserted by No. 33/2018 s. 116.