CRIMES ACT 1914

Part IAD - Protecting vulnerable persons  

Division 5 - Use of video recordings  

SECTION 15YM   Use of video recordings  

(1)  


A video recording of an interview of a person to whom subsection (1A) applies in a proceeding may be admitted as evidence in chief if:


(a) a constable, or a person of a kind specified in the regulations, conducted the interview; and


(b) the court gives leave.

(1A)  


This subsection applies to the following persons:


(a) for a child proceeding - a child witness;


(b) for a vulnerable adult proceeding - a vulnerable adult complainant;


(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.

(2)  


The court must not give leave under subsection (1) if satisfied that it is not in the interest of justice for the person ' s evidence in chief to be given by a video recording.

(3)  
An application for leave under this section:


(a) must be in writing; and


(b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.

(4)  


The person must be available for cross-examination and re-examination if he or she gives evidence in chief by a video recording.
Note:

Division 4 provides for this evidence to be given using closed-circuit television or other arrangements.




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