(1) The affected child’s evidence-in-chief must be given as a statement
without the child being called as a witness.
(2) For this section, the
Justices Act 1886, section 110A applies with all necessary changes and as
though a reference in that section to a written statement included a reference
to a statement contained in a document as defined under schedule 3 .
(3)
Also, for the purposes of applying the Justices Act 1886, section 110A , that
section is to be read with the following changes—
(a) if the child’s
statement is a written statement— subsections (4) , (5) , (6) , (6B) , (8)
and (9) of that section were omitted;
(i) subsections (4) , (5) , (6) , (6B) , (6C) , (8) and
(9) of that section were omitted; and
(ii) in subsection (13) —
(A) the
words ‘read as evidence’ were omitted and the words ‘received as
evidence’ were inserted in their place; and
(B) paragraph (a) were omitted.
(4) Further, for the purposes of applying the Justices Act 1886, section 111, that section applies with all necessary changes and is to be read as though,
in subsections (1) and (2) , the words ‘read as evidence’ were omitted and
the words ‘received as evidence’ were inserted in their place.
(5) In
addition, for the purposes of applying the Criminal Law Amendment Act 1892,
section 4, that section applies with all necessary changes and is to be read
as though—
(a) a reference to a deposition included a reference to a
statement contained in a document; and
(b) a reference to the reading of a
deposition that is not a written statement included a reference to the showing
of a statement contained in a document.
