374Admissibility of evidence from special hearing

374 Admissibility of evidence from special hearing S. 374(1) amended by No. 48/2012 s. 28. ***recording*** means a recording of a special hearing. (2) Subject to subsection (3), a recording is admissible in evidence as if its contents were the direct testimony of the complainant— S. 374(2)(b)(ii) substituted by No. 5/2025 s. 23. (ii) another proceeding in the same court for— (A) the charge for the sexual offence or the family violence offence (as the case requires); or (B) a charge for a related offence; or S. 374(2)(b)(iii) substituted by No. 5/2025 s. 23. (iii) a civil proceeding arising from the same facts as those on which the charge for the sexual offence or the family violence offence is founded. (3) The court may rule as inadmissible the whole or any part of the contents of a recording and, if so, the court may direct that the recording be edited or altered to delete any part of it that is inadmissible. A party may apply for a ruling under subsection (3): section 337. (4) Subject to subsection (3), the whole of a recording must be heard by the court. (5) The admissibility of a recording of the evidence of a person under the age of 18 years is not affected only because the person attains the age of 18 years before the evidence is presented in a proceeding. (6) Subject to section 376(3), if under this section a recording is admitted into evidence in a proceeding, the complainant is not required to attend the proceeding unless required to do so for cross-examination or re‑examination. New s. 375 inserted by No. 68/2009 s. 50, repealed by No. 37/2017 s. 13(1). S. 375A inserted by No. 48/2012 s. 29, repealed by No. 37/2017 s. 13(1). New s. 376 inserted by No. 68/2009 s. 50.