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Section history

Section 264 — Conditioned statements

Consolidated view is experimental and may be broken for certain provisions.

Amendments
264.Conditioned statements

(1)NotwithstandingDespite anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding (other than a committal hearing held under Division 2 of Part X), to the same extent and to the same effect as oral evidence given by the person, if the following conditions are satisfied:

(a)the statement appears to be signed by the person who made it;

(b)the statement contains a declaration by the person to the effect that it is true to the best of histhe person’s knowledge and belief and that hethe person made the statement knowing that, if it were given in evidence, hethe person would be liable to prosecution if hethe person stated in it anything hethe person knew to be false or did not believe to be true;

(c)before the hearing at which the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the proceedings;

(d)before or during the hearing, the parties agree to the statement being tendered in evidence under this section; and

(e)the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.

(2)The following provisions also apply to any written statement given in evidence under this section:

(a)if the statement is by a person below the21 ageyears of 21 years,age, it must state his or her age;

(b)if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him,him or her, stating that it was so read; and

(c)if it refers to any other document as an exhibit, the copy of the written statement must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or a copy of it.

(3)Where in any criminal proceedingsproceeding a written statement made by any person is admitted in evidence under this section —

(a)the party by whom or on whose behalf a copy of the statement was served may call the person to give evidence; and

(b)the court may, of its own motion or on the application of any party to the proceedings,proceeding, require the person to attend before the court and give evidence.

Subsection (4) — Original text to 17 September 2018superseded

(4)So much of any statement as is admitted in evidence under this section must, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

Subsection (4) — From 17 September 2018 (current)rewritten by Criminal Justice Reform Act 2018

(4)Unless the court directs otherwise, so much of any statement as is admitted in evidence under this section must be read aloud at the hearing.

(4A)Where the court directs under subsection (4) that any part of a statement admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of that statement that is not read aloud.

(5)A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.