Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_171a:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 171A (pt 1/2)
Character Range: 224631–227374

171A  Admission of evidence of complainant in new trial proceedings
 (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, 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 discontinued trial (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) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court's opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:
 (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;
 (b) the effect of editing any inadmissible evidence from the original evidence;
 (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;
 (d) the interests of justice;
 (e) any other matter the court thinks relevant.
 (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not