• Specific Year
    Any

SENTENCING ACT 1991 - SECT 85G Evidence

SENTENCING ACT 1991 - SECT 85G

Evidence

    (1)     On an application for a compensation order—

        (a)     the victim or the offender may give evidence or may call another person to give evidence in relation to the application; and

        (b)     the victim, offender or other person who gives evidence may be cross-examined and re-examined; and

        (c)     a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and

        (d)     the finding may be proved by production of a document under the seal of the court from which the finding appears; and

        (e)     the court may have regard to any evidence or statement referred to in section 85F(1) and, with the consent of the parties to the application, to any available documents or admissions referred to in that section.

    (2)     A court must not make a compensation order without giving the offender a reasonable opportunity to be heard on the application for the order.

S. 85H

inserted by No. 54/2000 s. 21.