sec.103HAdmissibility of recorded statements generally

### sec.103H Admissibility of recorded statements generally A recorded statement is admissible in a domestic violence proceeding as a complainant’s evidence-in-chief if— the recorded statement complies with section 103E ; and the recorded statement is a videorecording; and the Criminal Code , section 590AOB has been complied with for the recorded statement; and at the hearing of the proceeding, the complainant— attests to, or otherwise confirms, the truthfulness of the contents of the recorded statement; and is available for cross-examination and re-examination. However, a court may— rule all or any part of the contents of a recorded statement inadmissible; and if part of the recorded statement is ruled inadmissible—direct that the recorded statement be edited or otherwise altered to delete the inadmissible part. Despite subsection (1) , the court hearing a domestic violence proceeding may admit a recorded statement as the complainant’s evidence-in-chief if the court is satisfied— for a recorded statement that does not comply with section 103E — the recorded statement substantially complies with section 103E ; and it would be in the interests of justice for the recorded statement to be admitted; or for a recorded statement that is an audio recording— there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and moving images from the recorded statement can not be produced because of a technological error or failure the defendant would not be unfairly prejudiced. Also, despite subsection (1) , if the parties to a domestic violence proceeding consent, the court hearing the proceeding may admit a recorded statement as the complainant’s evidence-in-chief without— the Criminal Code , section 590AOB having been complied with for the recorded statement; or the complainant having to comply with subsection (1) (d) . If a defendant is not represented by a lawyer, the defendant may give the consent mentioned in subsection (4) only if the court is satisfied the defendant understands the consequences of giving the consent. For a domestic violence proceeding that is a committal proceeding, see section 103I . s 103H ins 2022 No. 12 s 37 amd 2025 No. 18 s 47 (sec.103H-ssec.1) A recorded statement is admissible in a domestic violence proceeding as a complainant’s evidence-in-chief if— the recorded statement complies with section 103E ; and the recorded statement is a videorecording; and the Criminal Code , section 590AOB has been complied with for the recorded statement; and at the hearing of the proceeding, the complainant— attests to, or otherwise confirms, the truthfulness of the contents of the recorded statement; and is available for cross-examination and re-examination. (sec.103H-ssec.2) However, a court may— rule all or any part of the contents of a recorded statement inadmissible; and if part of the recorded statement is ruled inadmissible—direct that the recorded statement be edited or otherwise altered to delete the inadmissible part. (sec.103H-ssec.3) Despite subsection (1) , the court hearing a domestic violence proceeding may admit a recorded statement as the complainant’s evidence-in-chief if the court is satisfied— for a recorded statement that does not comply with section 103E — the recorded statement substantially complies with section 103E ; and it would be in the interests of justice for the recorded statement to be admitted; or for a recorded statement that is an audio recording— there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and moving images from the recorded statement can not be produced because of a technological error or failure the defendant would not be unfairly prejudiced. (sec.103H-ssec.4) Also, despite subsection (1) , if the parties to a domestic violence proceeding consent, the court hearing the proceeding may admit a recorded statement as the complainant’s evidence-in-chief without— the Criminal Code , section 590AOB having been complied with for the recorded statement; or the complainant having to comply with subsection (1) (d) . (sec.103H-ssec.5) If a defendant is not represented by a lawyer, the defendant may give the consent mentioned in subsection (4) only if the court is satisfied the defendant understands the consequences of giving the consent. - (a) the recorded statement complies with section 103E ; and - (b) the recorded statement is a videorecording; and - (c) the Criminal Code , section 590AOB has been complied with for the recorded statement; and - (d) at the hearing of the proceeding, the complainant— (i) attests to, or otherwise confirms, the truthfulness of the contents of the recorded statement; and (ii) is available for cross-examination and re-examination. - (i) attests to, or otherwise confirms, the truthfulness of the contents of the recorded statement; and - (ii) is available for cross-examination and re-examination. - (i) attests to, or otherwise confirms, the truthfulness of the contents of the recorded statement; and - (ii) is available for cross-examination and re-examination. - (a) rule all or any part of the contents of a recorded statement inadmissible; and - (b) if part of the recorded statement is ruled inadmissible—direct that the recorded statement be edited or otherwise altered to delete the inadmissible part. - (a) for a recorded statement that does not comply with section 103E — (i) the recorded statement substantially complies with section 103E ; and (ii) it would be in the interests of justice for the recorded statement to be admitted; or - (i) the recorded statement substantially complies with section 103E ; and - (ii) it would be in the interests of justice for the recorded statement to be admitted; or - (b) for a recorded statement that is an audio recording— (i) there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and Example of exceptional circumstances— moving images from the recorded statement can not be produced because of a technological error or failure (ii) the defendant would not be unfairly prejudiced. - (i) there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and Example of exceptional circumstances— moving images from the recorded statement can not be produced because of a technological error or failure - (ii) the defendant would not be unfairly prejudiced. - (i) the recorded statement substantially complies with section 103E ; and - (ii) it would be in the interests of justice for the recorded statement to be admitted; or - (i) there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and Example of exceptional circumstances— moving images from the recorded statement can not be produced because of a technological error or failure - (ii) the defendant would not be unfairly prejudiced. - (a) the Criminal Code , section 590AOB having been complied with for the recorded statement; or - (b) the complainant having to comply with subsection (1) (d) .