New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294J

294J Access to recording and transcripts

(1) The accused person and the accused person's Australian legal practitioner, if any, are not entitled to be given possession of a recording made under this division or a copy of the recording.

(2) Subsection (1) applies despite anything to the contrary in--

(a) this Act, or

(b) the Evidence Act 1995 .

(3) However, the accused person and the accused person's Australian legal practitioner, if any, must be given reasonable access to the recording to enable the accused person or the legal practitioner to listen to or view the recording.

(4) Without limiting subsection (3), reasonable access to the recording to listen to or view the recording may require access to be given on more than 1 occasion.

(5) The regulations may make provision for the procedures to be followed in connection with the giving of access under this section, and may provide for the giving of access to other persons assisting either the accused person or the accused person's Australian legal practitioner.

(6) The Court may order that a transcript of all or part of a recording made under this division be supplied to--

(a) the Court, if it appears to the Court a transcript would be likely to aid the Court's comprehension of the evidence, or

(b) if the proceedings are being tried by a jury--the jury, if it appears to the Court a transcript would be likely to aid the jury's comprehension of the evidence.