Criminal Procedure Regulations 2020

to provide for the making, use, possession, copying, storage, access to and destruction of audio and audiovisual recordings referred to in Division 5 and Division 6 of Part 8.2 of the Criminal Procedure Act 2009; and

to specify the allowances and expenses that are to be paid to prosecution witnesses; and

to provide for the use of various audio or audiovisual recordings made in certain proceedings for the purposes of assisting intermediaries or the training or evaluation of intermediaries; and

to prescribe certain offences as applicable offences for the purposes of Part 4.6A of the Criminal Procedure Act 2009; and

other matters required or necessary to be prescribed by the Criminal Procedure Act 2009.

the Criminal Procedure Regulations 2009^[1];

the Criminal Procedure Amendment (Recorded Evidence-in-Chief) Regulations 2011^[2];

the Criminal Procedure Amendment Regulations 2018^[3].

a member of Victoria Police personnel (within the meaning of section 3(1) of the Victoria Police Act 2013) who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;

a person authorised in writing by the Chief Commissioner of Police who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;

if the questions are put to the witness in another State or the Northern Territory, a member of the police force of that State or Territory;

if the questions are put to the witness in a Territory other than the Northern Territory, a member of the Australian Federal Police;

a person on the panel established under section 389H of the Act who may be appointed as an intermediary for a witness.

the date on which, and the place at which, the recording is made; and

the times at which the recording is commenced and concluded; and

identification of all persons present during any part of the recording; and

the times at which any break in questioning commenced and concluded and the reason for the break.

The Chief Commissioner of Police may authorise copies to be made of a Division 5 recording and must ensure that the recording and all copies of the recording are kept in safe custody.

If a copy of a recording is made, the Chief Commissioner of Police must record—

the date on which the copy is made; and

the name and address of the person to whom the copy is given.

If a Division 5 recording is made, the informant in the proceeding must give notice to the accused that the accused and the accused's legal practitioner have the right to listen to, and in the case of an audiovisual recording view, the recording at an agreed time and place.

If an accused or the accused's legal practitioner wishes to listen to, and in the case of an audiovisual recording view, the Division 5 recording, the informant must make the recording or a copy of it available for listening or viewing at the time and place agreed between the informant, or a person acting on behalf of the informant, and the accused or the accused's legal practitioner.

the name of the person viewing or listening to the recording;

the capacity in which the person is involved in the proceeding;

the date on which and the time at which the recording is viewed or listened to;

the name of the person who gave access to the person to view or listen to the recording.

A Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording may only be used—

in, or in connection with, a proceeding referred to in Division 5 of Part 8.2 or for the purposes of Part 8.2A of the Act; or

in accordance with regulation 12A or Part 3A.

Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording.