New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294K

294K Witness may give further evidence only with leave

(1) A witness in proceedings to which this division applies whose evidence is pre-recorded at a pre-recorded evidence hearing must not give further evidence in the proceedings without the leave of the Court.

(2) An application for leave under subsection (1) may be made by a party to the proceedings.

(3) The Court must not give leave under subsection (1) unless the Court is satisfied--

(a) the party has become aware of a matter of which the party could not reasonably have been aware at the time of the recording, or

(b) it is otherwise in the interests of justice to give leave.

(4) The further evidence must, to the extent practicable, be given by pre-recording at a hearing in the same way as the original pre-recorded evidence, unless the Court otherwise directs.

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

(a) this Act, or

(b) the Evidence Act 1995 .