Evidence (Miscellaneous Provisions) Act 1991

This section applies if an audiovisual recording of a witness’s evidence given at a pre-trial hearing is admitted in evidence at the hearing of a relevant proceeding.

The recording is admissible as the witness’s evidence in a related proceeding unless the court in the related proceeding otherwise orders.

However, the court in the related proceeding may—

refuse to admit all or any part of the audiovisual recording in evidence; and

if the court refuses to admit part of the recording in evidence—order that the part that is not admitted be deleted from the recording.

A party in the related proceeding may apply to the court for an order that the witness attend the hearing to give further evidence.

The court must not make the order unless satisfied that—

the applicant has become aware of something that the applicant did not know or could not reasonably have known when the audiovisual recording was recorded; and

if the witness had given evidence in person at the hearing—the witness could be recalled; and

it is in the interests of justice to make the order.

In this section:

related proceeding, in relation to the relevant proceeding in which the audiovisual recording was admitted in evidence, means—

a re-hearing or re-trial of, or appeal from, the hearing of the proceeding; or

another proceeding in the same court as the proceeding for the offence; or

a proceeding for another offence arising from the same, or the same set of, circumstances; or

a civil proceeding arising from the offence.