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Evidence (Miscellaneous Provisions) Act 1991
97Victim impact statements—use in other proceeding
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97 Victim impact statements—use in other proceeding
(1) A victim impact statement must not be used in a proceeding other
than the principal proceeding unless—
(a) a finding of guilt has been made in the principal proceeding; or
(b) the court hearing the principal proceeding—
(i) is satisfied, on application by a party seeking to use the
statement in another proceeding, that the statement has
substantial probative value to justify the party’s use of the
statement; and
(ii) makes an order allowing the statement to be used.
(2) An order under subsection (1) (b) (ii) may include any conditions the
court considers appropriate having regard to the nature of the alleged
offence and the circumstances of the maker of the statement.
Part 7.1 Evidence of witnesses with disabilities or vulnerabilities
Chapter 7 Evidence in any proceedings—
other matters
Part 7.1 Evidence of witnesses with
disabilities or vulnerabilities
100 Meaning of witness with a disability—pt 7.1
For this part, a witness with a disability is a person who gives
evidence in a proceeding and has a mental or physical disability that
affects the person’s ability to give evidence.