New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306E

306E Form in which record of original evidence of complainant or special witness is to be tendered

(1) A record of the original evidence of the complainant or a special witness tendered by the prosecutor under this Division must be the best available record, or be comprised of the best available records, of the original evidence of the complainant or special witness, and the record or records concerned must be properly authenticated.

(2) For the purposes of this section, the
"best available record" of the evidence, or any part of the evidence, given by a complainant or special witness is--

(a) an audio visual recording of the evidence, or

(b) if an audio visual recording of the evidence is not available, an audio recording of the evidence, or

(c) if neither an audio visual recording nor an audio recording of the evidence is available, a transcript of the evidence.

(3) If the whole or part of the evidence given by the complainant or special witness in the original proceedings was given in the form of a recording made by an investigating official, as provided for by Part 6, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.

(4) A record of any evidence given by a complainant or special witness is
"properly authenticated" for the purposes of this section if--

(a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court, or

(b) the record has been authenticated by the person or body responsible for producing the record, or

(c) the record has been authenticated in any other manner prescribed by the regulations.