MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 45 Video-recording of examination

MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 45

    (1)     The Chief Examiner must ensure that the examination of a witness before the Chief Examiner is video-recorded.

    (2)     Subject to subsection (3), evidence of anything said by a witness at an examination before the Chief Examiner is inadmissible as evidence against any person in any proceedings unless the examination of the witness in its entirety was video-recorded and the video-recording is available to be tendered in evidence.

    (3)     A court may admit evidence of anything said by a witness at an examination before the Chief Examiner that is otherwise inadmissible by reason of subsection (2) if the court is satisfied on the balance of probabilities that the circumstances—

        (a)     are exceptional; and

        (b)     justify the reception of the evidence.

S. 45(4) amended by No. 37/2014 s. 10(Sch. item 103.8).

    (4)     The Chief Examiner must ensure that a copy of the video-recording of an examination of a witness is provided, on request, to the police officer who applied for the coercive powers order with respect to which the examination was conducted.