Proceeds of Crime Act 2002

CHAPTER 5 - MISCELLANEOUS  

SECTION 318B   Objection to admission of statements made at examination  

Adducing party to give notice

318B(1)    
A party (the adducing party ) to a proceeding referred to in subsection 318A(1) may, not less than 14 days before the first day of the hearing of the proceeding, give another party to the proceeding written notice that the adducing party:

(a) will apply to have admitted in evidence in the proceeding specified statements made at an *examination; and

(b) for that purpose, will apply to have evidence of those statements admitted in the proceeding.

318B(2)    
The notice must set out, or be accompanied by a written record of, the specified statements.

Other party may object to admission of specified statements

318B(3)    
The other party may, within 14 days after a notice is given under subsection (1), give the adducing party a written notice (an objection notice ):

(a) stating that the other party objects to specified statements being admitted in evidence in the proceeding; and

(b) specifying, in relation to each of those statements, the grounds of objection.

318B(4)    
The period referred to in subsection (3) may be extended by the court before which the proceeding is to be heard or by agreement between the parties concerned.

Effect of giving objection notice

318B(5)    
On receiving an objection notice, the adducing party must give to the court a copy of:

(a) the notice under subsection (1) and any record under subsection (2); and

(b) the objection notice.

318B(6)    
If subsection (5) is complied with, the court may either:

(a) determine the objections as a preliminary point before the hearing of the proceeding begins; or

(b) defer determination of the objections until the hearing.

Effect of not giving objection notice

318B(7)    
If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:

(a) the other party has, in accordance with subsection (3), objected to the statement being so admitted; or

(b) the court gives the other party leave to object to the statement being so admitted.