New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL PROCEDURE AMENDMENT (EVIDENCE) ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Amendment of Criminal Procedure Regulation 2000

(Section 4)

Clauses 14A and 14B

Insert after clause 14:

14A New trials of sexual assault proceedings--notice of intention to tender record of original evidence of complainant A notice given by the prosecutor to the accused person under section 306B (3) (a) of the Act must:

(a) specify whether the record or records to be tendered by the prosecutor in the new trial proceedings are an audio visual recording, an audio recording or a transcript of the evidence given by the complainant in the original proceedings, and

(b) if a record to be tendered is an audio visual recording or audio recording, contain information to the effect that the accused person and his or her counsel are entitled to listen to or view the recording at a place nominated by the prosecutor and set out the name of the person responsible for arranging access to the recording.

14B Procedure for obtaining access to record of original evidence of complainant

(1) This clause sets out the procedure for obtaining access to listen to or view an audio visual recording or audio recording of the original evidence of the complainant for the purposes of section 306F of the Act.

(2) On receipt of a notice under section 306B (3) (a) of the Act specifying the prosecutor's intention to tender in proceedings an audio visual recording or audio recording of the original evidence of the complainant, the accused person, or his or her counsel, may give the responsible person a notice in writing that he or she requires access to the recording.

(3) A responsible person who receives a notice that complies with this clause must give the accused person and his or her counsel (if any) access to listen to or view the recording as soon as practicable after the day on which the responsible person receives the notice.

(4) The responsible person may give any person accompanying the accused person, or his or her counsel, who has been engaged to assist the accused person's case access to listen to or view the recording.

(5) In this clause:
"responsible person" means the person nominated by the prosecutor in the notice under section 306B (3) (a) of the Act as the person responsible for arranging access to the recording (as referred to in clause 14A (b)).