CRIMINAL PROCEDURE ACT 1986 - SECT 200
When court may require prosecution to provide additional evidence
CRIMINAL PROCEDURE ACT 1986 - SECT 200
When court may require prosecution to provide additional evidence
200 When court may require prosecution to provide additional evidence
(1) The court may, in proceedings heard in the absence of the accused person,
require the prosecution to provide additional evidence if it is of the opinion
that the matters set out in the court attendance notice are not sufficient to
establish the offence.
(2) The additional evidence is not admissible unless--
(a) it is in the form of written statements that comply with Chapter 6, Part
3A, including in the form of any recorded statement that may be given instead
of a written statement under that part, and
(b) in the case of a written
statement, a copy of any such statement has been given to the accused person a
reasonable time before consideration of the additional evidence by the court,
and
(3) However, the court may require evidence to be given orally if it is not
practicable to comply with subsection (2) or if the court thinks it necessary
in the particular case.
(4) The court must reject a written statement or
recorded statement, or any part of a written statement or recorded statement,
tendered in summary proceedings if the statement or part is inadmissible
because of this section.