Victorian Numbered Acts

JUSTICE LEGISLATION MISCELLANEOUS AMENDMENT ACT 2018 (NO. 48 OF 2018) - SECT 32

    (1)     After the heading to section 381 of the Criminal Procedure Act 2009 insert —

    "(1AA)     Subject to this section, the court may admit a recording of the evidence of the complainant.

    (1AAB)     There is a presumption in favour of admitting the recording.".

    (2)     In section 381(1) of the Criminal Procedure Act 2009 —

        (a)     for "The court may admit a recording of the evidence of the complainant if it is in the interests of justice to do so," substitute "The presumption in favour of admitting the recording is rebutted if the court considers that it is in the interests of justice that the recording not be admitted,";

        (b)     paragraph (c) is repealed ;

        (c)     in paragraph (e), before "any" insert "subject to subsection (1A),".

    (3)     After section 381(1) of the Criminal Procedure Act 2009 insert —

    "(1A)     The availability or willingness of the complainant to give further evidence is irrelevant to the question of whether it is in the interests of justice not to admit the recording.".

Division 4—Presence of witnesses in courtroom