New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 289M

289M Access to recorded statement

(1) This section applies if an accused person is not represented by an Australian legal practitioner in proceedings for a domestic violence offence in which it is proposed to give the evidence of a complainant wholly or partly in the form of a recorded statement.

(2) The prosecutor must cause an audio copy of the recorded statement to be served on the accused person as soon as practicable after the proceedings are commenced or the prosecutor determines that evidence is to be given in the form of the recorded statement, whichever occurs later.

(3) The prosecutor must also, so far as is reasonably practicable, provide the accused person with an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions--

(a) when the accused person is being questioned in relation to the alleged domestic violence offence,

(b) at the request of the accused person, on a day arranged with the accused person,

(c) on another day specified by notice in writing given to the accused person by the prosecutor before committal proceedings or the trial commences.

(4) If it is not reasonably practicable for the prosecutor to comply with subsection (3), the prosecutor must provide the accused person with an opportunity to view a recorded statement that is in the form of a video recording on a day on which proceedings relating to the offence are being held.

(5) Evidence may not be adduced in any proceedings of the behaviour or response of an accused person when viewing a recorded statement at a place specified for that purpose under this section, unless--

(a) the viewing took place while the person was being questioned in relation to an alleged domestic violence offence, or

(b) the proceedings relate to the behaviour.

(6) Any period during which an accused person views a video recording under subsection (3) (a) is to be included in the time to be taken into account for the purposes of determining the maximum investigation period under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002 .