CRIMINAL PROCEDURE ACT 1986 - SECT 289I
Admissibility of recorded evidence
CRIMINAL PROCEDURE ACT 1986 - SECT 289I
Admissibility of recorded evidence
289I Admissibility of recorded evidence
(1) The hearsay rule and the opinion rule (within the meaning of the
Evidence Act 1995) do not prevent the admission or use of evidence of a
representation in the form of a recorded statement.
(2) Evidence of a
representation of a complainant that is given in the form of a
recorded statement is not to be admitted unless the accused person was given,
in accordance with Division 3, a reasonable opportunity to listen to, and, in
the case of a video recording, view the recorded statement.
(3) However, the
recorded statement may be admitted even if the requirements of Division 3 have
not been complied with if the court is satisfied that--
(b) the accused person
or his or her Australian legal practitioner (if any) have been given a
reasonable opportunity otherwise than in accordance with Division 3 to listen
to or view the recorded statement and it would be in the interests of justice
to admit the recorded statement.
