Recorded statement—may be admitted as evidence
81B Recorded statement—may be admitted as evidence
A recorded statement may—
be played at the hearing of a family violence offence proceeding for the offence to which it relates; and
if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.
However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.
The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.
If the complainant is giving evidence by audiovisual link from an external place under division 4.3.5, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.
To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.
This section is subject to section 81G (Recorded statement—admissibility).
In this section:
hearing includes a pre-trial hearing.
This Act’s bill:Explanatory statement
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