New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 289I

289I Admissibility of recorded evidence

(1) The hearsay rule and the opinion rule (within the meaning of the Evidence Act 1995 ) do not prevent the admission or use of evidence of a representation in the form of a recorded statement.

(2) Evidence of a representation of a complainant that is given in the form of a recorded statement is not to be admitted unless the accused person was given, in accordance with Division 3, a reasonable opportunity to listen to, and, in the case of a video recording, view the recorded statement.

(3) However, the recorded statement may be admitted even if the requirements of Division 3 have not been complied with if the court is satisfied that--

(a) the parties consent to the recorded statement being admitted, or

(b) the accused person or his or her Australian legal practitioner (if any) have been given a reasonable opportunity otherwise than in accordance with Division 3 to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.