294CAAdmission of evidence of sexual offence witness given as complainant in earlier proceedings

294CA Admission of evidence of sexual offence witness given as complainant in earlier proceedings

294CA Admission of evidence of sexual offence witness given as complainant in earlier proceedings

(1) This section applies if a person who was a complainant in proceedings for a prescribed sexual offence (the earlier proceedings) is called as a sexual offence witness in later proceedings for a prescribed sexual offence (the current proceedings).

(2) A prosecutor may tender as evidence in current proceedings a record of the evidence of the person given in the earlier proceedings (the original evidence).

(3) The original evidence of the person means all evidence given by the person in the earlier proceedings, including the evidence given by the person on examination in chief in the earlier proceedings and any further evidence given on cross-examination or re-examination in those proceedings.

(4) Despite anything to the contrary in the Evidence Act 1995, or any other Act or law, a record of the original evidence of the person is admissible in the current proceedings if—

(a) the prosecutor gives written notice to the accused person, in accordance with the regulations, of the prosecutor’s intention to tender the record under this section, and

(b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section, and

(c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the current proceedings or within such other period as the court may allow.

(5) If a record of original evidence is admitted in current proceedings under this section, the person is not compellable to give further evidence about the same matters in the current proceedings unless the court is satisfied that it is necessary for the person to give further evidence—

(a) to clarify any matters relating to the original evidence of the person, or

(b) to canvass information or material that has become available since the original evidence was given, or

(c) in the interests of justice.

(6) The court is to ensure that the person is questioned by any party to the current proceedings only in relation to matters that are relevant to the matters mentioned in subsection (5).