sec.167Evidence

### sec.167 Evidence Subject to the admissibility of the evidence, before a court imposes an indefinite sentence it must— hear evidence called by the prosecution; and hear evidence given or called by the offender, if the offender elects to give or call evidence. Subject to subsection (3) , ordinary rules of evidence apply to evidence given or called under subsection (1) . In deciding whether the offender is a serious danger to the community, the court may have regard to anything relevant to the issue contained in the transcript of, or any medical or other report tendered in, any proceeding against the offender for a qualifying offence. Subsections (1) and (2) do not affect the admissibility of a report given under section 166A or any matter contained in the report. In this section— transcript , of a proceeding, means a transcription of a record under the Recording of Evidence Act 1962 of the proceeding. s 167 amd 1997 No. 4 s 13 ; 2010 No. 34 s 40 ; 2013 No. 13 s 61 sch 2 (sec.167-ssec.1) Subject to the admissibility of the evidence, before a court imposes an indefinite sentence it must— hear evidence called by the prosecution; and hear evidence given or called by the offender, if the offender elects to give or call evidence. (sec.167-ssec.2) Subject to subsection (3) , ordinary rules of evidence apply to evidence given or called under subsection (1) . (sec.167-ssec.3) In deciding whether the offender is a serious danger to the community, the court may have regard to anything relevant to the issue contained in the transcript of, or any medical or other report tendered in, any proceeding against the offender for a qualifying offence. (sec.167-ssec.4) Subsections (1) and (2) do not affect the admissibility of a report given under section 166A or any matter contained in the report. (sec.167-ssec.5) In this section— transcript , of a proceeding, means a transcription of a record under the Recording of Evidence Act 1962 of the proceeding. - (a) hear evidence called by the prosecution; and - (b) hear evidence given or called by the offender, if the offender elects to give or call evidence.