New South Wales Consolidated Regulations

EVIDENCE REGULATION 2005 - SCHEDULE 1

SCHEDULE 1 – Forms

(Clause 3 (2))

Form 1 - Certificate under section 128 or 128A of the Evidence Act 1995

(Clause 6)

[Set out heading to action or matter]

This Court certifies under section 128*/128A* of the Evidence Act 1995 of New South Wales that evidence in these proceedings by [state name of witness] on [state date or dates], a record of which is attached to this certificate, is evidence*/information* to which section 128 (7)*/ 128A (8)* of that Act applies.

A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper officer.

Dated:

Judge or magistrate of the Court

* Delete if not applicable

Note: Section 128 (7) of the Evidence Act 1995 provides as follows:

(7) In any proceeding in a NSW court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence:

(a) evidence given by a person in respect of which a certificate under this section has been given, and

(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence,

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

Section 128A (8) of the Evidence Act 1995 provides as follows:

(8) In any proceeding in a NSW court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence:

(a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section, and

(b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information,

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.

Form 2 - Affidavit of member of State or Territory police force concerning fingerprints

(Clause 7)

Affidavit of member of State or Territory police force concerning fingerprints

(Section 179 (1) (a) of the Evidence Act 1995 )

[Set out heading to action or matter]

I, [name of deponent] of [address of deponent], a member of the police force of [State or Territory] make oath and say*/affirm*:

1. I am a fingerprint expert for the police force of [State or Territory].

2. I have examined the fingerprint card marked for identification with the letter “A”.

3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the police force of [State or Territory] showing the fingerprints of [name of person and alias, if any].

4. The fingerprints on those cards are identical.

5. According to the records of the police force of [State or Territory], which I believe to be accurate, [name of person] was convicted in that State*/Territory* of the following offences [state offences]:

6. Annexed to this affidavit and marked with the letters [insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures], are certified copies or certificates of conviction for each of those convictions.

7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.

SWORN*/AFFIRMED*
by the deponent at [place]
Date:

Before me:

*delete as appropriate

Form 3 - Affidavit of member of Australian Federal Police concerning fingerprints

(Clause 8)

Affidavit of member of Australian Federal Police concerning fingerprints

(Section 180 (1) (a) of the Evidence Act 1995 )

[Set out heading to action or matter]

I, [name of deponent] of [address of deponent], a member*/special member*/staff member* of the Australian Federal Police, make oath and say*/affirm*:

1. I am a fingerprint expert for the Australian Federal Police.

2. I have examined the fingerprint card marked for identification with the letter “A”.

3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the Australian Federal Police showing the fingerprints of [name of person and alias, if any].

4. The fingerprints on those cards are identical.

5. According to the records of the Australian Federal Police, which I believe to be accurate, [name of person] was convicted of the following offences against a law of the Commonwealth [state offences]:

6. Annexed to this affidavit and marked with the letters [insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures], are certified copies or certificates of conviction for each of those convictions.

7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.

SWORN*/AFFIRMED*
by the deponent at [place]
Date:

Before me:

*delete as appropriate