New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 86

86 Exceptions to oral evidence

(1) The evidence of a person who is directed to attend committal proceedings under this Division may be given by a written statement, or another kind of statement permitted to be tendered under Part 3A of Chapter 6, if--

(a) the accused person and the prosecutor consent to the statement being admitted, or

(b) the Magistrate is satisfied that there are substantial reasons why, in the interests of justice, the evidence should be given by a statement.

Note--: Sections 283C and 283D enable the use of recordings instead of written statements in the cases of witnesses who are vulnerable persons or in the case of domestic violence offences. Section 283G enables certain transcripts of evidence in other proceedings to be used instead of written statements.

(2) The evidence of a person who is directed to attend committal proceedings under this Division may be given by a recorded statement in the circumstances permitted under Part 4B of Chapter 6.

(3) This section has effect despite section 85.