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Evidence of vulnerable witnesses through audio visual record

The evidence of vulnerable witnesses in certain criminal proceedings may be admitted in the form of an audio visual record if the recording was made pursuant to [Evidence Act 1929 (SA) s 13BA(3)]:

and the court is satisfied of the witness's capacity to give sworn or unsworn evidence at the time of the recording, the other party has been given a reasonable opportunity to view the recording, and the witness is available during the trial for further examination, cross-examination or re-examination. However, this will only be allowed if there is new information that has come to light since the recording was made, the witness gives additional evidence at the trial apart from the audio visual record or it is otherwise in the interests of justice to allow further examination, cross-examination or re-examination [s 13BA(5)].

If the court admits evidence in the form of an audio visual record, the judge must warn the jury not to draw from the admission of evidence in the form of audio visual record any inference adverse to the defendant, and not to allow the admission of evidence in the form of audio visual record to influence the weight to be given to the evidence [s 13BA(6)(b)].

Evidence of vulnerable witnesses through audio visual record  :  Last Revised: Fri Dec 14th 2018
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