Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103H

103H Admissibility of recorded statements generally

(1) A recorded statement is admissible in a domestic violence proceeding as a complainant’s evidence-in-chief if—

(a) the recorded statement complies with section 103E (3) ; and

(b) the recorded statement is a videorecording; and

(c) the Criminal Code , section 590AOB has been complied with for the recorded statement; and

(d) at the hearing of the proceeding, the complainant—

(i) attests to the truthfulness of the contents of the recorded statement; and

(ii) is available for cross-examination and re-examination.

(2) However, a court may—

(a) rule all or any part of the contents of a recorded statement inadmissible; and

(b) if part of the recorded statement is ruled inadmissible—direct that the recorded statement be edited or otherwise altered to delete the inadmissible part.

(3) Despite subsection (1) , the court hearing a domestic violence proceeding may admit a recorded statement as the complainant’s evidence-in-chief if the court is satisfied—

(a) for a recorded statement that does not comply with section 103E (3) —

(i) the recorded statement substantially complies with section 103E (3) ; and

(ii) it would be in the interests of justice for the recorded statement to be admitted; or

(b) for a recorded statement that is an audio recording—

(i) there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and

(ii) the defendant would not be unfairly prejudiced.

(4) Also, despite subsection (1) , if the parties to a domestic violence proceeding consent, the court hearing the proceeding may admit a recorded statement as the complainant’s evidence-in-chief without—

(a) the Criminal Code , section 590AOB having been complied with for the recorded statement; or

(b) the complainant having to comply with subsection (1) (d) .

(5) If a defendant is not represented by a lawyer, the defendant may give the consent mentioned in subsection (4) only if the court is satisfied the defendant understands the consequences of giving the consent.

Note—

For a domestic violence proceeding that is a committal proceeding, see section 103I .