Victorian Consolidated Legislation

Evidence Act 1958 - SECT 37B

Use of recorded evidence-in-chief in certain proceedings

37B. Use of recorded evidence-in-chief in certain proceedings



(1) This section applies to a legal proceeding, other than a committal
proceeding, that relates (wholly or partly) to a charge for-

   (a)  a sexual offence; or

   (ab) an offence under Subdivision (8EAA) of Division 1 of Part I of the
        Crimes Act 1958; or

   (b)  an indictable offence which involves an assault on, or injury or a
        threat of injury to, a person.

(2) The evidence-in-chief of a witness for the prosecution may be given
(wholly or partly) in the form of an audio or video recording of the witness
answering questions put to him or her by a person prescribed for the purposes
of this section if the witness is a person with a cognitive impairment or is
under the age of 18.



(3) Subject to subsection (4), the recording is admissible in evidence in the
proceeding as if its contents were the direct testimony of the witness if-

   (a)  it is proved that a transcript of it was served personally on the
        defendant or by post on his or her legal practitioner at least 14 days
        before the commencement of the hearing of the proceeding; and

   (b)  it is proved that the defendant and his or her legal practitioner
        were, in accordance with the regulations, given a reasonable
        opportunity to listen to and, in the case of a video recording, view
        the recording; and

   (c)  at the proceeding the witness-

   (i)  identifies himself or herself and attests to the truthfulness of the
        contents of the recording; and

   (ii) is available for cross-examination and re-examination.

(3A) The admissibility of the recording of the evidence of a person under the
age of 18 is not affected only because the person attains the age of 18 years
before the evidence is presented in a proceeding.

(4) The court may rule as inadmissible the whole or any part of the contents
of a recording.