New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 31AC

31AC Taking of prosecution evidence

(1) Evidence for the prosecution must be given by written statements that are admissible as evidence.

(2) A statement is not admissible as evidence unless any requirements specified for the statement by or under this Division are complied with in relation to the statement and any associated exhibits or documents.

(3) A statement that is not admissible as evidence under this section may be admitted as evidence if otherwise admissible in accordance with any rule or law of evidence.

(4) A statement sought to be admitted for the purposes of this Division must be served on the accused person on or before the day set by the Children's Court for that purpose.

(5) The Children's Court must refuse to admit a statement sought to be tendered under this Division if any requirement specified for the statement by or under this Division, or under subsection (2), has not been complied with by the prosecutor.

(6) Despite subsection (5), the Children's Court may admit the statement sought to be tendered if the Court is satisfied that--

(a) the non-compliance is trivial in nature, or

(b) there are other good reasons to excuse the non-compliance, and admit the statement, in the circumstances of the case.

(7) Without limiting any other power to adjourn proceedings, the Children's Court may grant one or more adjournments, if it appears to the Court to be just and reasonable to do so, if any requirement specified for the statement by or under this Division, or under subsection (2), has not been complied with by the prosecutor. For that purpose, the Children's Court may extend the time for service of a statement.