5Admission of prior statement of affected child or prescribed witness

5 Admission of prior statement of affected child or prescribed witness

(1)  [Section 5 Subsection (1) amended by No. 26 of 2020, s. 7, Applied:01 Mar 2021] [Section 5 Subsection (1) amended by No. 26 of 2020, s. 7, Applied:01 Mar 2021] [Section 5 Subsection (1) amended by No. 63 of 2013, s. 6, Applied:01 Mar 2014] In a prescribed proceeding (including a special hearing ordered under section 6A ) or a specified proceeding, the judge may admit into evidence a statement made by an affected child or a prescribed witness and recorded by any means if –

(a) the statement relates to a matter in issue in the proceeding; and

(b) the defendant has been given a copy of the record of the statement; and

(c) [Section 5 Subsection (1) amended by No. 26 of 2020, s. 7, Applied:01 Mar 2021] the defendant is given the opportunity to cross-examine the affected child or the prescribed witness.

(2)  [Section 5 Subsection (2) amended by No. 22 of 2007, s. 28, Applied:01 Feb 2008] Subsection (1) does not affect the operation of section 61 of the Justices Act 1959 .