Court or tribunal may order production of recorded statement in certain circumstances
387J Court or tribunal may order production of recorded statement in certain circumstances
S. 387J inserted by No. 33/2018 s. 116.
A court or tribunal may order that a recorded statement be produced for use in a proceeding (other than the proceeding in which the statement was used as evidence-in-chief under section 387E or a proceeding referred to in section 387K) before that court or tribunal if the court or tribunal is satisfied that it is in the interests of justice to do so.
Subsection (1) applies whether or not the proceeding relates to a charge for a family violence offence.
If a court or tribunal makes an order under subsection (1), it must also specify—
the persons who may view or listen to the recording; and
when and where the recording is required to be produced; and
if necessary, any requirements as to the destruction of the recording.
In making an order under subsection (1), the court or tribunal must have regard to the need to protect the privacy of the complainant.
This Act’s bill:Explanatory memorandumSecond reading speech
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