CRIMINAL PROCEDURE ACT 2009 - SECT 139 Admissibility of non-oral evidence

CRIMINAL PROCEDURE ACT 2009 - SECT 139

    (1)     Subject to subsections (2) and (3), on proof of their service on the accused in accordance with Part 4.4, the following are admissible as if their contents were a record of evidence given orally—

        (a)     any statement the truthfulness of which has been attested to, other than a statement that is inadmissible under section 134(2);

        (b)     any exhibit or document referred to in a statement which is admissible;

        (c)     any recording the truthfulness of the contents of which has been attested to, other than a recording that is inadmissible under section 134(2);

        (d)     any other recording a transcript of which has been served in the hand-up brief, other than a recording that is inadmissible under section 134(2).

    (2)     The Magistrates' Court may rule as inadmissible the whole or any part of—

        (a)     a statement; or

        (b)     any exhibit or document referred to in a statement; or

        (c)     the contents of a recording.

S. 139(3) amended by No. 68/2009 s. 14(b).

    (3)     A recording, a transcript of which has been served in the hand-up brief, is only admissible if it is proved that the accused and his or her legal practitioner were given a reasonable opportunity to listen to and, in the case of an audiovisual recording, view the recording.