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s 56

Police interview audiovisual recording—admissibility

In force
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.3Special requirements—general
Division 4.3.3Special requirements—audiovisual recording of police interview

56 Police interview audiovisual recording—admissibility

(1)

An audiovisual recording is admissible in a relevant proceeding only if—

(a)

notice is given under section 53; and

(b)

a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and

(c)

the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording.

(2)

However, if the prosecutor fails to give notice under section 53 the audiovisual recording is admissible if—

(a)

a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the relevant proceeding; and

(b)

the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and

(c)

the court considers it is in the interests of justice to admit the recording.

(3)

This section does not prevent the parties consenting to the admission in evidence of an audiovisual recording.

(4)

In this section:

hearing includes a pre-trial hearing.

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