Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_170a:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 170A (pt 1/2)
Character Range: 216254–218935

170A  Admission of evidence of complainant in new trial proceedings
 (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.
 (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.
 (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:
 (a) the prosecutor gives written notice to the accused person of the prosecutor's intention to tender the record under this section; and
 (b) the prosecutor gives written notice to the court of the prosecutor's intention to tender the record under this section; and
 (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.
 (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.
 (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.
 (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.
 (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).
 (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that