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EVIDENCE (RECORDED EVIDENCE) REGULATIONS 2004 (SR NO 156 OF 2004) - REG 12

Use of recordings or copies

r. 12

    (1)     Subject to sub-regulation (2), a recording or a copy of a recording may only be used in or in connection with a proceeding referred to in section 37B of the Act or clause 6(1)(h) of Schedule 5 to the Magistrates' Court Act 1989 .

    (2)     The witness questioned on a recording or, in the case of a witness under the age of 18, his or her parent or guardian, may consent in writing to any other use to which the recording or a copy of the recording may be put.

    (3)     If a person is incapable of giving consent by reason of impaired mental functioning, his or her parent or guardian may give consent under sub-regulation (2).

    (4)     A recording or a copy of a recording must be used and stored so as to preserve as far as possible the privacy of the person questioned.

    (5)     No person is entitled to have possession of or access to a recording or copy of a recording except in accordance with section 37B of the Act or clause 6(1)(h) of Schedule 5 to the Magistrates' Court Act 1989 and these Regulations.



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