81ARecorded statement—requirements

81A Recorded statement—requirements (1) A police officer must, before making a recorded statement, tell the complainant that— (a) the recorded statement may be used in evidence at a hearing; and (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross-examination in person at the hearing; and (c) the complainant does not have to consent to the recording. (2) A recorded statement must be made— (a) as soon as practicable after the events mentioned in the statement happened; and (b) in the form of questions and answers. Note If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement. (3) A recorded statement of a complainant must include the following: (a) the name of each person present during any part of the recording; (b) a statement by the complainant— (i) of the complainant’s name, age and whether the complainant lives in the ACT; and (ii) about the truth of the representations made by the complainant in the recorded statement; (c) any other matter prescribed by regulation.

(4) As far as is practicable, a recorded statement must not contain an image of— (a) a child; or (b) a person who is intellectually impaired. (5) If any part of a recorded statement is in a language other than English— (a) the recorded statement must contain an English translation of the part; or (b) a separate written English translation of the part must accompany the recorded statement. (6) A recorded statement must not be edited or changed unless— (a) both parties consent to the edits or changes; or (b) the court hearing the proceeding in which the recorded statement is tendered otherwise orders. Example—court ordering change editing the recorded statement to omit inadmissible material (7) In this section: intellectually impaired—see section 42. police officer includes a person who is a member of the police force of a State or another Territory if— (a) provisions of the law of that State or Territory correspond (or substantially correspond) to this part; and (b) the person is trained in the taking of evidence under those provisions.