Northern Territory Consolidated Acts Northern Territory Consolidated Acts7. Restrictions on admissibility under section 5 - criminal proceedings
(1) Subsection (2) applies where a statement is tendered in a criminal legal proceeding for admission under section 5 and the statement tendered -
(a) is a statement made by a person; or
(b) reproduces or is derived from information in a statement made by a person.
(2) A statement is not admissible under section 5 unless, in relation to each person concerned in the making of the statement tendered -
(a) the tendering party calls the person as a witness in the proceeding if an opposing party so requires; or
(b) it appears to the Court that -
(i) the person is dead or is unfit by reason of his bodily or mental condition to attend as a witness;
(ii) the person is outside the Territory and it is not reasonably practicable to secure his attendance;
(iii) all reasonable steps have been taken to identify the person and he cannot be identified;
(iv) the person's identity being known, all reasonable steps have been taken to find him and he cannot be found;
(v) having regard to the time which has elapsed since the person supplied the information and to all the circumstances, he cannot reasonably be expected to have a recollection of the matters dealt with in the statement; or
(vi) having regard to all the circumstances, undue delay or expense would be caused by calling the person as a witness.
(3) A statement made in connection with a criminal legal proceeding or with an investigation relating or leading to a criminal legal proceeding is not admissible under section 5.