Recorded statement—requirements
81A Recorded statement—requirements
A police officer must, before making a recorded statement, tell the complainant that—
the recorded statement may be used in evidence at a hearing; and
if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and
the complainant does not have to consent to the recording.
A recorded statement must be made—
as soon as practicable after the events mentioned in the statement happened; and
in the form of questions and answers.
Note If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.
A recorded statement of a complainant must include the following:
the name of each person present during any part of the recording;
a statement by the complainant—
of the complainant’s name, age and whether the complainant lives in the ACT; and
about the truth of the representations made by the complainant in the recorded statement;
any other matter prescribed by regulation.
As far as is practicable, a recorded statement must not contain an image of—
a child; or
a person who is intellectually impaired.
If any part of a recorded statement is in a language other than English—
the recorded statement must contain an English translation of the part; or
a separate written English translation of the part must accompany the recorded statement.
A recorded statement must not be edited or changed unless—
both parties consent to the edits or changes; or
the court hearing the proceeding in which the recorded statement is tendered otherwise orders.
Example—court ordering change
editing the recorded statement to omit inadmissible material
In this section:
hearing includes a pre-trial hearing.
intellectually impaired—see section 42.
police officer includes a person who is a member of the police force of a State or another Territory if—
provisions of the law of that State or Territory correspond (or substantially correspond) to this part; and
the person is trained in the taking of evidence under those provisions.
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