SUMMARY OFFENCES ACT 1953 - SECT 74EC

SUMMARY OFFENCES ACT 1953 - SECT 74EC

74EC—Admissibility of evidence of interview

        (1)         In proceedings for a charge of a serious offence against the person, evidence of an interview between a prescribed interviewer and a person to whom this Division applies is inadmissible unless—

            (a)         the prescribed interviewer complied with this Division in relation to the conduct and recording of the interview; or

            (b)         the court is satisfied that the interests of justice require the admission of the evidence despite the prescribed interviewer's non-compliance.

        (1a)         If a person to whom this Division applies is to be interviewed as a potential witness in relation to the investigation of any other offence, evidence of the interview may be admissible under section 13BA of the Evidence Act 1929 if—

            (a)         an audio visual recording of the interview is made in accordance with the regulations; and

            (b)         the interview is conducted by a prescribed interviewer; and

            (c)         the manner in which the interview is conducted meets the prescribed requirements to the prescribed extent.

        (1b)         If a prescribed interviewer's conduct and recording of an interview does not meet the requirements of subsection (1a)(c), the court may nevertheless admit evidence of the interview if satisfied that the interests of justice require the admission of the evidence despite the prescribed interviewer's non-compliance.

        (2)         If, in the course of a trial by jury, the court admits evidence of an interview under subsection (1)(b) or (1b), the court must—

            (a)         draw the jury's attention to the non-compliance by the prescribed interviewer; and

            (b)         give an appropriate warning in view of the non-compliance,

unless the court is of the opinion that the non-compliance was trivial.