sec.103IAdmissibility of recorded statements in particular committal proceedings

### sec.103I Admissibility of recorded statements in particular committal proceedings This section applies in relation to a domestic violence proceeding that is a committal proceeding, other than a registry committal within the meaning of the Justices Act 1886 , section 4 . A transcript of a recorded statement is admissible in the proceeding as a complainant’s evidence-in-chief only if— the recorded statement would be admissible under section 103H as if subsection (1) (d) of that section were omitted; and the transcript is admitted as a written statement under the Justices Act 1886 , section 110A . For subsection (2) , the Justices Act 1886 , section 110A applies with all necessary changes and as though— a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3 ; and subsection (6C) (c) of that section were omitted. If the transcript is to be tendered as a written statement as provided for in this section— the complainant is, for the purposes of the Justices Act 1886 , section 83A (5AA) , to be taken to be the maker of the written statement; and the recorded statement may be admitted under the Justices Act 1886 , section 83A (5AA) (a) in lieu of oral evidence. This section does not preclude the court from requiring a complainant to— attest to, or otherwise confirm, the truthfulness of the contents of the transcript or the recorded statement; or be made available to give further oral evidence or for cross-examination and re-examination. s 103I ins 2022 No. 12 s 37 amd 2024 No. 48 s 26 ; 2025 No. 18 s 48 (sec.103I-ssec.1) This section applies in relation to a domestic violence proceeding that is a committal proceeding, other than a registry committal within the meaning of the Justices Act 1886 , section 4 . (sec.103I-ssec.2) A transcript of a recorded statement is admissible in the proceeding as a complainant’s evidence-in-chief only if— the recorded statement would be admissible under section 103H as if subsection (1) (d) of that section were omitted; and the transcript is admitted as a written statement under the Justices Act 1886 , section 110A . (sec.103I-ssec.3) For subsection (2) , the Justices Act 1886 , section 110A applies with all necessary changes and as though— a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3 ; and subsection (6C) (c) of that section were omitted. (sec.103I-ssec.4) If the transcript is to be tendered as a written statement as provided for in this section— the complainant is, for the purposes of the Justices Act 1886 , section 83A (5AA) , to be taken to be the maker of the written statement; and the recorded statement may be admitted under the Justices Act 1886 , section 83A (5AA) (a) in lieu of oral evidence. (sec.103I-ssec.5) This section does not preclude the court from requiring a complainant to— attest to, or otherwise confirm, the truthfulness of the contents of the transcript or the recorded statement; or be made available to give further oral evidence or for cross-examination and re-examination. - (a) the recorded statement would be admissible under section 103H as if subsection (1) (d) of that section were omitted; and - (b) the transcript is admitted as a written statement under the Justices Act 1886 , section 110A . - (a) a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3 ; and - (b) subsection (6C) (c) of that section were omitted. - (a) the complainant is, for the purposes of the Justices Act 1886 , section 83A (5AA) , to be taken to be the maker of the written statement; and - (b) the recorded statement may be admitted under the Justices Act 1886 , section 83A (5AA) (a) in lieu of oral evidence. - (a) attest to, or otherwise confirm, the truthfulness of the contents of the transcript or the recorded statement; or - (b) be made available to give further oral evidence or for cross-examination and re-examination.