New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 200

200 When court may require prosecution to provide additional evidence

(1) The court may, in proceedings heard in the absence of the accused person, require the prosecution to provide additional evidence if it is of the opinion that the matters set out in the court attendance notice are not sufficient to establish the offence.

(2) The additional evidence is not admissible unless--

(a) it is in the form of written statements that comply with Chapter 6, Part 3A, including in the form of any recorded statement that may be given instead of a written statement under that part, and

(b) in the case of a written statement, a copy of any such statement has been given to the accused person a reasonable time before consideration of the additional evidence by the court, and

(c) in the case of a recorded statement, the requirements of Division 3 of Part 4B of Chapter 6 in relation to service of, or access to, a recorded statement are complied with in relation to the recorded statement.

(3) However, the court may require evidence to be given orally if it is not practicable to comply with subsection (2) or if the court thinks it necessary in the particular case.

(4) The court must reject a written statement or recorded statement, or any part of a written statement or recorded statement, tendered in summary proceedings if the statement or part is inadmissible because of this section.