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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 45

Video-recording of examination

    (1)     The Chief Examiner must ensure that the examination of a witness before the Chief Examiner is video-recorded.

    (2)     Subject to sub-section (3), evidence of anything said by a witness at an examination before the Chief Examiner is inadmissible as evidence against any person in any proceedings unless the examination of the witness in its entirety was video-recorded and the video-recording is available to be tendered in evidence.

    (3)     A court may admit evidence of anything said by a witness at an examination before the Chief Examiner that is otherwise inadmissible by reason of sub-section (2) if the court is satisfied on the balance of probabilities that the circumstances—

        (a)     are exceptional; and

        (b)     justify the reception of the evidence.

    (4)     The Chief Examiner must ensure that a copy of the video-recording of an examination of a witness is provided, on request, to the member of the police force who applied for the coercive powers order with respect to which the examination was conducted.



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