105FRequirements for witness statements and exhibits

105F Requirements for witness statements and exhibits (1) For each listed witness, the committal brief must contain: (a) if the witness' statement is written – a copy of the statement that complies with subsections (2) and (3); or (b) if the witness' statement is recorded: (i) a transcript of the recording; and (ii) a statutory declaration made by the witness declaring that the recorded statement is true. Note for subsection (1) A transcript is not required for a recorded statement under Part 3A of the Evidence Act 1939 in a domestic violence offence proceeding – see section 21N(1) of that Act.

Local Court (Criminal Procedure) Act 1928 45 (2) A written witness statement must be in the form of, or accompanied by, a statutory declaration made by the witness declaring: (a) that the witness has read the statement or, if the witness cannot read, that the statement has been read to him or her; and (b) that the statement is true. (3) If a listed witness is a child, the witness' statement: (a) need not be, or be accompanied by, a statutory declaration; but (b) must contain, or be accompanied by, a written statement of the witness' age. (4) For each listed exhibit, the committal brief must contain: (a) if the exhibit is a document – a copy of the document; or (b) if the exhibit is not a document – a description of the exhibit (which may be included in the list under section 105D(1)(d)) or a photograph of the exhibit. (5) The prosecutor must give to the defendant and the defendant's legal practitioner reasonable opportunity before the committal date to: (a) listen to, and for an audio-visual recording, view, any recorded statements of listed witnesses; and (b) inspect any listed exhibits. (6) In this section: statutory declaration includes an affidavit.