5AAudio visual statement of certain witnesses admissible as evidence in chief

5A Audio visual statement of certain witnesses admissible as evidence in chief

[Section 5A Inserted by No. 2 of 2023, s. 28, Applied:20 Apr 2023]

(1)  In this section –

audio visual statement means a statement made by a witness and recorded by any means;

investigating official has the same meaning as in the Evidence Act 2001 ;

sexual offence has the same meaning as in the Evidence Act 2001 .

(2)  This section applies in respect of a witness in a criminal proceeding if the witness is –

(a) a child, other than the defendant, who is to give evidence in respect of an offence; or

(b) the alleged victim of a sexual offence; or

(c) the alleged victim of a family violence offence; or

(d) a special witness.

(3)  An audio visual statement taken by an investigating official in respect of an offence may be tendered or treated as all or part of the evidence in chief of the witness that made the statement in a proceeding for that offence.

(4)  Subsection (3) does not apply if a judge of the court hearing the proceeding considers that the tendering or treating of the audio visual statement as evidence in chief would be contrary to the interests of justice.

(5)  Nothing in this section prevents a defendant from being given the opportunity to cross-examine a witness in a proceeding.

(6)  This section does not affect the operation of section 61 of the Justices Act 1959 .