NTIn ForceAct
Evidence Act 1939
21HEvidence of complainant
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21H Evidence of complainant
(1) A recorded statement that complies with section 21J:
(a) may be played at the hearing of the charge for, or the trial in
respect of, the domestic violence offence to which it relates;
and
Evidence Act 1939 13
(b) if it is played at the hearing or trial, may be admitted as the
complainant's evidence in chief, or part of the complainant's
evidence in chief, in the proceeding.
(2) However, the court may refuse to admit all or part of the recorded
statement if the court considers it is in the interests of justice to do
so.
(3) A complainant may (but need not) be present in the courtroom
when a recorded statement of evidence of the complainant is
played in the courtroom.
(4) The complainant's demeanour, and words spoken or sounds made
by the complainant, during the playing of a recorded statement of
evidence of the complainant, are not to be observed or overheard
in the courtroom unless the complainant elects to be present in the
courtroom for that part of the proceeding.