Admissibility of evidence in absence of accused where full brief served
83 Admissibility of evidence in absence of accused where full brief served
If—
S. 83(1)(a) amended by No. 68/2009 s. 8.
under section 25(1) or 80 the Magistrates' Court proceeds to hear and determine a charge in the absence of the accused; and
the informant has served a full brief on the accused in accordance with Division 2 of Part 3.2—
the following are, subject to subsections (2) and (3), admissible as if their contents were a record of evidence given orally—
any statement a copy of which has been served in the full brief;
any exhibit or document referred to in a statement which is admissible.
The Magistrates' Court may rule as inadmissible the whole or any part of a statement or of any exhibit or document referred to in a statement.
S. 83(3) amended by No. 81/2011 s. 9.
The criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions, when served in a full brief, is only admissible for the purpose of sentencing in accordance with section 86.
S. 83(4) amended by Nos 68/2009 s. 8, 6/2018 s. 68(Sch. 2 item 38.1).
Subsection (1) does not limit the power of the Magistrates' Court to proceed to hear and determine the charge in the absence of the accused under section 25(1) or 80 on the basis of sworn or affirmed evidence given by or on behalf of the informant if the informant has not served a full brief on the accused.
This Act’s bill:Explanatory memorandumSecond reading speech
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