Criminal Code Act 1899

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a recorded statement other than as required under this section.

Subsection (3) applies if—

other than for this section, the prosecution would have to give the accused person a copy of a recorded statement; and

the prosecution does not give the accused person a copy of the statement.

The prosecution must give the accused person a written notice—

describing the recorded statement; and

stating that the prosecution—

considers the statement to be a recorded statement; and

is not required to give the accused person a copy of the statement other than as required under this section; and

stating the matters mentioned in subsection (4) or (5), whichever is applicable.

If the accused person has a lawyer acting for the person, the notice must state that the prosecution will give a lawyer acting for the accused person a copy of the recorded statement on the following conditions—

that the lawyer must not give the copy to the accused person or anyone else other than the following—

a lawyer acting for the accused person or to whom the copy is referred for particular advice;

a person, other than a lawyer, to whom the copy is referred for particular expert advice;

an associate of the lawyer to the extent necessary for work to be done for the lawyer in relation to the relevant proceeding or a proceeding for a relevant charge in the ordinary practice of the law;

that any lawyer acting for the accused person, other than the lawyer to whom the prosecution gives the copy, must not give the copy to the accused person or anyone else other than the persons mentioned in paragraph (a)(ii) or (iii);

that a person who is given the copy under paragraph (a) or (b), other than a lawyer mentioned in the paragraph, must not give the copy to the accused person or anyone else who is not a lawyer acting for the accused person;

that the copy held by the lawyer to whom it was given by the prosecution, or held by anyone else to whom the copy has been given under this section—

must not be copied; and

must be returned to the prosecution within 14 days after—

the lawyer or other person stops being someone who may be given the copy under this section; orExample—A lawyer may stop acting for the accused person.

the end of the proceedings for the relevant charge;

that the copy may only be given to another person in accordance with the conditions mentioned in paragraphs (a) to (d) for a legitimate purpose connected with the relevant proceeding or a proceeding for a relevant charge.

If the accused person does not have a lawyer acting for the person, the notice must state that—

the prosecution will not give the recorded statement (whether the original or a copy) to the accused person; and

the prosecution will, on request, allow an appropriate person to view the statement, either the original or a copy as stated in the notice, for the purposes of the relevant proceeding at a stated place; and

the prosecution must, on request, give the accused person a transcript of the recorded statement that is in the possession of the prosecution.

If the prosecution refuses to accept a person nominated by the accused person as an appropriate person for subsection (5)(b), the court may direct the prosecution to accept the person as an appropriate person for subsection (5)(b), subject to the conditions the court considers appropriate.

The court may make the direction under subsection (6) only if the court is satisfied the terms of the direction can ensure—

the recorded statement will only be viewed for a legitimate purpose connected with the relevant proceeding; and

an offence against the Evidence Act 1977, section 103Q or 103S will not be committed; and

if the original recorded statement is to be viewed—the integrity of the statement is protected.

For the Evidence Act 1977, section 103Q(2)(a), it is declared that an act done in contravention of a condition imposed by a notice under subsection (4) or a direction under subsection (6) is not done for a legitimate purpose related to the domestic violence proceeding.

For subsection (4)(d)(i) or (7)(b), it is declared that making a transcript of the contents of the recorded statement is not making a copy of the statement for the Evidence Act 1977, section 103Q(1)(c).

In this section, a reference to a recorded statement includes, if the context permits, a reference to a lawfully edited copy of a recorded statement under the Evidence Act 1977, schedule 3.

In this section—appropriate person, to view a recorded statement, means—

the accused person; or

a lawyer mentioned in the Evidence Act 1977, section 21O(4) or another lawyer who is providing legal advice or assistance to the accused person; or

another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view the recorded statement.Examples of persons the prosecution may consider appropriate—

• an interpreter

• an expert

copy, of a recorded statement, for subsections (4) and (5)—

means a copy of the original recorded statement in the form of a videorecording under the Evidence Act 1977; and

includes any additional copy of the recorded statement provided by the prosecution for convenience but does not include a transcript of the recorded statement.

sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AOB ins 2022 No. 12 s 21