387I

Editing or otherwise altering recorded statement

Current

S. 387I inserted by No. 33/2018 s. 116.

A recorded statement may be edited or otherwise altered only—

(a)

with the consent of the parties to the proceeding; or

(b)

if editing or altering the statement is required—

(i)

so as to avoid disclosure of material that is not required to be disclosed, or must not be disclosed, to the accused; or

(ii)

to comply with a direction of the court under section 387F(4); or

(iii)

for the purpose referred to in section 387L(4)(h).

Examples

Examples for paragraph (b)(i) include editing a recorded statement—

• to avoid disclosure of a confidential source of information to the accused—see section 45(1)(c);

• to avoid disclosure of certain law enforcement methods or procedures to the accused—see section 45(1)(d);

• to avoid disclosure of child abuse material to the accused—see section 185A;

• to avoid disclosure of addresses or telephone numbers to the accused—see section 186.

Note

If a recorded statement is edited or altered to avoid the disclosure of material, certain notice requirements may apply—see section 41(1)(f).

Research tools for this sectionSubscription

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.