Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 47

Rules with respect to statements

47. Rules with respect to statements



(1) Subject to subsection (5), a statement referred to in section 41 which the
informant intends to tender at the hearing of the charge if the accused does
not appear must be-

   (a)  in the form of an affidavit; or





   (b)  signed by the person making the statement and contain an
        acknowledgment signed in the presence of a person referred to in
        Schedule 3 that the statement is true and correct and is made in the
        belief that a person making a false statement in the circumstances is
        liable to the penalties of perjury; or

   (c)  in a form, and attested to in a manner, prescribed by the rules of
        court.

(2) If a person under the age of 18 years makes a statement which the
informant intends to tender as mentioned in subsection (1), the statement must
include the person's age.

(3) If a person who cannot read makes a statement which the informant intends
to tender as mentioned in subsection (1)-

   (a)  the statement must be read to the person before he or she signs it;
        and

   (b)  the acknowledgment must state that the statement was read to the
        person before he or she signed it.

(4) A person who acknowledges a statement which the informant intends to
tender as mentioned in subsection (1) and which the person knows at the time
to be false is liable to the penalties of perjury.

Note See section 314 of the Crimes Act 1958 for the offence of perjury.