So what's important here?

Well, it's all important.

But, if I were on a really tight schedule I would have a look at Chapter 8, under the innocuous-sounding title of General.

What will make the Evidence Act 2008 so difficult for generations of legal students to come is that it's natural, given the title it has been given and the way it has been laid out, to assume that it's a one-stop shop on evidence law. And, come to think of it, that's the way it was sold, too.

Then you get to s 8 of that Act and realise that any contradictory provision in any other act is going to have primacy.

So for that reason alone, dip into s 328 through 389 and see how they modify the existing law.

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383. Attendance of complainant

383. Attendance of complainant

Subject to sections 384 and 385, if a recording is admitted into evidence in a proceeding, the complainant is not required to attend the proceeding unless required to do so to give further evidence.

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330. When accused etc. is required to attend hearing

330. When accused etc. is required to attend hearing

(1) An accused must attend a hearing in the criminal proceeding against the accused if—

(a) this Act or the rules of court require the attendance of the accused at the hearing; or

(b) the accused has been remanded in custody or granted bail to attend the hearing; or

(c) the court requires the attendance of the accused at the hearing.

(2) A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must attend a hearing in the appeal if—

(a) this Act or the rules of court require the attendance of the party at the hearing; or

(b) the party has been remanded in custody or granted bail to attend the hearing; or

(c) the court requires the attendance of the party at the hearing.

(3) The court may excuse a person from attending a hearing.

(4) If a person fails to attend when required under subsection (1)(a), (1)(b), (2)(a) or (2)(b), the court may issue a warrant to arrest the person.

(5) If a person fails to attend when required under subsection (1)(c) or (2)(c), the court may issue a warrant to arrest the person if the court is satisfied that the person has had reasonable notice of the requirement to attend.

Notes

1 Section 3 defines attend as to be physically present in court.

2 Section 100(2) provides for the attendance of an accused at hearings in a committal proceeding.

3 Section 246 provides for the attendance of an accused at hearings conducted under Chapter 5 (Trial on Indictment).

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329. When accused etc. is required to appear at hearing

329. When accused etc. is required to appear at hearing

(1) An accused must appear at every hearing in the criminal proceeding against the accused, unless otherwise provided by this Act or the rules of court.

(2) A party to an appeal who was the accused in the criminal proceeding to which the appeal relates must appear at every hearing in the appeal, unless otherwise provided by this Act or the rules of court.

(3) The court may excuse a person from appearing at a hearing.

Notes

1 See section 328 for the ways in which an accused may appear.

2 Division 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 permits the appearance of an accused before the court by audio visual link in certain circumstances.

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328. Appearance

328. Appearance

A party to a criminal proceeding may appear—

(a) personally; or

(b) by a legal practitioner or other person empowered by law to appear for the party; or

(c) in the Magistrates' Court, in the case of an informant who is a member of the police force, by a police prosecutor; or

(d) if the proceeding was commenced by the filing, by a prescribed person or a member of a prescribed class of persons, of a charge under—

(i) section 18W(1), 26(1), 31(1), 47(1) or 79(1) of the Sentencing Act 1991; or

(ii) section 158 of the Infringements Act 2006—

by any other prescribed person or any other member of the prescribed class of persons within the meaning of the Sentencing Act 1991 or the Infringements Act 2006, as the case requires.

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