New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306D

306D Complainant or special witness may elect to give further evidence

(1) If a record of the original evidence of the complainant or a special witness (or any part of the record) is admitted in proceedings under this Division, the complainant or special witness may, with leave of the court hearing the proceedings, and only if the complainant or special witness so chooses, give further oral evidence in the proceedings.

(2) The court is to give leave to the complainant or special witness to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant or special witness to give further oral evidence--

(a) to clarify any matters relating to the original evidence of the complainant or special witness, or

(b) to canvas information or material that has become available since the original proceedings, or

(c) in the interests of justice.

(3) The court is to ensure that the complainant or special witness is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.

(4) Subject to subsection (3), if a complainant or special witness gives any further oral evidence under this section, the complainant or special witness is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 306C.