Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-24

381. Admission of recording of evidence of complainant

381. Admission of recording of evidence of complainant

(1) The court may admit a recording of the evidence of the complainant if it is in the interests of justice to do so, having regard to—

(a) whether the complainant's recorded evidence is complete, including cross-examination and re-examination;

(b) the effect of editing any inadmissible evidence from the recording;

(c) the availability or willingness of the complainant to give further evidence;

(d) whether the accused would be unfairly disadvantaged by the admission of the recording;

(e) any other matter that the court considers relevant.


(2) The court may admit the whole or any part of the contents of a recording and may direct that the recording be edited or altered to delete any part of it that is inadmissible.

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