South Australian Consolidated Acts

EVIDENCE ACT 1929 - SECT 13D

13D—Court's power to admit evidence taken in earlier proceedings

        (1)         If, on application by a party to civil or criminal proceedings before a court, the court is satisfied that—

            (a)         evidence given by a witness in earlier criminal proceedings is relevant to the proceedings before the court; and

            (b)         the witness—

                  (i)         has died; or

                  (ii)         has become too ill or infirm to give evidence; or

                  (iii)         has not, after diligent search, been found; or

                  (iv)         is a vulnerable witness,

the court in the later proceedings has a discretion to admit an official record of the evidence.

        (2)         An "official record" of evidence is a record made at the direction or with the approval of the court before which the evidence was taken and, if an audio or audio visual record of the evidence was taken at the direction or with the approval of the court, in addition to a written transcript, the official record of evidence includes the audio or audio visual record.

        (3)         Before the court admits an official record into evidence in proceedings under this section, the record must be edited—

            (a)         as agreed between the parties to those proceedings so as to exclude material that is not relevant to those proceedings; and

            (b)         so as to exclude evidence that is inadmissible in those proceedings for any other reason.

        (4)         If the court admits an official record into evidence under this section, it may relieve the witness, wholly or in part, from an obligation to give evidence in the later proceedings.