New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 9

SCHEDULE 9 – Amendment of Evidence (Children) Act 1997

(Section 3)

[1] Section 11 Child entitled to give evidence in chief in form of recording

Insert after section 11 (1):

(1A) Subject to section 15, a child who is 16 or more but less than 18 years of age at the time evidence is given is entitled to give, and may give, evidence as referred to in subsection (1) of a recording of a previous representation to which this Part applies made by the child when the child was less than 16 years of age.

Note: Under section 15 a court may order that a child not give evidence in the form of a recording if it is satisfied that it is not in the interests of justice for the evidence to be given by a recording.

[2] Section 18 Children have a right to give evidence by closed-circuit television

Insert after section 18 (1):

(1A) Subject to subsections (3) and (4), a child who is 16 or more but less than 18 years of age at the time evidence is given in a proceeding to which this Part applies is entitled to give the evidence as referred to in subsection (1) if the child was under 16 years of age when the charge for the personal assault offence to which the proceedings relate was laid.

[3] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act