South Australian Current Acts South Australian Current Acts74EC—Admissibility of evidence of interview
(1) In proceedings for
a charge of a serious offence against the person, evidence of an interview
between a prescribed interviewer and a person to whom this Division applies is
inadmissible unless—
(a) the
prescribed interviewer complied with this Division in relation to the conduct
and recording of the interview; or
(b) the
court is satisfied that the interests of justice require the admission of the
evidence despite the prescribed interviewer's non-compliance.
(1a) If a person to
whom this Division applies is to be interviewed as a potential witness in
relation to the investigation of any other offence, evidence of the interview
may be admissible under section 13BA of the Evidence Act 1929
if—
(a) an
audio visual recording of the interview is made in accordance with the
regulations; and
(b) the
interview is conducted by a prescribed interviewer; and
(c) the
manner in which the interview is conducted meets the prescribed requirements
to the prescribed extent.
(1b) If a prescribed
interviewer's conduct and recording of an interview does not meet the
requirements of subsection (1a)(c), the court may nevertheless admit
evidence of the interview if satisfied that the interests of justice require
the admission of the evidence despite the prescribed interviewer's
non-compliance.
(2) If, in the course
of a trial by jury, the court admits evidence of an interview under
subsection (1)(b) or (1b), the court must—
(a) draw
the jury's attention to the non-compliance by the prescribed interviewer; and
(b) give
an appropriate warning in view of the non-compliance,
unless the court is of the opinion that the non-compliance was trivial.