QLDIn ForceAct
Evidence Act 1977
sec.21AMUse of prerecorded evidence
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### sec.21AM Use of prerecorded evidence
The affected child’s evidence contained in a videorecording made under this subdivision for a proceeding, or in a lawfully edited copy of the videorecording—
is as admissible as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court; and
is, unless the relevant court otherwise orders, admissible in—
any rehearing or retrial of, or appeal from, the proceeding; or
another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or
a civil proceeding arising from the commission of the relevant offence.
The admissibility of the evidence for a proceeding is not affected only because the child turns 18 before the evidence is presented at the proceeding.
A reference in subsection (1) to a videorecording made under this subdivision for a proceeding includes a reference to a copy of the videorecording on a separate data storage medium if—
the videorecording is a digital recording; and
the copy of the videorecording on the separate data storage medium has been made by—
the principal registrar of a court; or
a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.
s 21AM ins 2003 No. 55 s 60
amd 2010 No. 42 s 48 ; 2017 No. 6 s 32
(sec.21AM-ssec.1) The affected child’s evidence contained in a videorecording made under this subdivision for a proceeding, or in a lawfully edited copy of the videorecording— is as admissible as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court; and is, unless the relevant court otherwise orders, admissible in— any rehearing or retrial of, or appeal from, the proceeding; or another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or a civil proceeding arising from the commission of the relevant offence.
(sec.21AM-ssec.2) The admissibility of the evidence for a proceeding is not affected only because the child turns 18 before the evidence is presented at the proceeding.
(sec.21AM-ssec.3) A reference in subsection (1) to a videorecording made under this subdivision for a proceeding includes a reference to a copy of the videorecording on a separate data storage medium if— the videorecording is a digital recording; and the copy of the videorecording on the separate data storage medium has been made by— the principal registrar of a court; or a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.
- (a) is as admissible as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court; and
- (b) is, unless the relevant court otherwise orders, admissible in— (i) any rehearing or retrial of, or appeal from, the proceeding; or (ii) another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or (iii) a civil proceeding arising from the commission of the relevant offence.
- (i) any rehearing or retrial of, or appeal from, the proceeding; or
- (ii) another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or
- (iii) a civil proceeding arising from the commission of the relevant offence.
- (i) any rehearing or retrial of, or appeal from, the proceeding; or
- (ii) another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or
- (iii) a civil proceeding arising from the commission of the relevant offence.
- (a) the videorecording is a digital recording; and
- (b) the copy of the videorecording on the separate data storage medium has been made by— (i) the principal registrar of a court; or (ii) a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.
- (i) the principal registrar of a court; or
- (ii) a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.
- (i) the principal registrar of a court; or
- (ii) a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.