South Australian Current Acts South Australian Current Acts (1) This section
applies if in prescribed proceedings—
(a) a
statement not made in oral evidence in the proceedings (an "out of court
statement ) is admitted as evidence of a matter stated; and
(b) the
maker of the out of court statement does not give oral evidence in connection
with the subject matter of the statement.
(2) In a case to which
this section applies—
(a) any
evidence which (if the person who made the out of court statement had given
such evidence) would have been admissible as relevant to the reliability of
the statement and the person's credibility as a witness is so admissible in
the proceedings; and
(b)
evidence may, with the court's leave, be given of any matter which (if the
person who made the out of court statement had given such evidence) could have
been put to the person in cross-examination as relevant to the reliability of
the statement and the person's credibility as a witness but of which evidence
could not have been adduced by the cross-examining party; and
(c)
evidence tending to prove that the person who made the out of court statement
made (at whatever time) any other statement inconsistent with the statement
admitted as evidence is admissible for the purpose of showing that the person
contradicted himself or herself.
(3) If as a result of
evidence admitted under this section an allegation is made against the maker
of a statement, the court may permit a party to lead additional evidence of
such description as the court may specify for the purposes of denying or
answering the allegation.
(4) In this
section—
"prescribed proceedings" means—
(a)
proceedings for a criminal offence; or
(b)
proceedings under the Serious and Organised Crime (Control) Act 2008 .