Criminal Procedure Act 1986 No 209
Current version for 1 July 2020 to date (accessed 7 August 2020 at 19:22)
Chapter 6 Part 2
Part 2 General
275A   NSW Police Force exhibits management system
In any criminal proceedings, the production of one or more exhibit detail sheets certified by a member of the NSW Police Force to have been issued under the authority of the NSW Police Force exhibits management system, and relating to the whole or part of an exhibit identified in the sheets, is prima facie evidence of the dealings with that exhibit that are listed in the sheets, without proof of the signature or appointment of the person purporting to sign the sheets.
275B   Witness with communication difficulty entitled to assistance from person or communication aid
(1)  In any criminal proceedings, a witness who has difficulty communicating is entitled to use a person or persons who may assist the witness with giving evidence, but only if the witness ordinarily receives assistance to communicate from such a person or persons on a daily basis.
(2)  In any criminal proceedings, a witness who has difficulty communicating is entitled to use a communication aid to assist the witness with giving evidence, but only if the witness ordinarily uses such an aid to assist him or her to communicate on a daily basis.
(3)  To the extent that the court considers it reasonable to do so, the court must make whatever direction is appropriate to give effect to a witness’ right to use a person or persons, or to use a communication aid, under this section when the witness is giving evidence.
(4)  The provisions of the Evidence Act 1995 apply to and in respect of a person who gives a witness assistance under this section in the same way as they apply to and in respect of an interpreter under that Act.
(5)  In this section—
communication aid includes any thing, whether electronic or otherwise, that can be used to assist in communication.
275C   Court may direct expert evidence be given concurrently or consecutively
(1)  The court may, at any time, give directions as it considers appropriate to enable the giving of expert evidence concurrently or consecutively in criminal proceedings.
(2)  Directions under this section may include the following—
(a)  a direction that an expert witness give evidence at any stage of the proceedings,
(b)  a direction that more than one expert witness give evidence at the same time in the proceedings,
(c)  a direction that an expert witness give an oral exposition of the witness’s opinion on a particular matter,
(d)  a direction that an expert witness be examined, cross-examined or re-examined in a particular manner or sequence, including by putting to each expert witness, in turn, each question relevant to one matter or issue at a time,
(e)  a direction that an expert witness be permitted to ask questions of another expert witness who is giving evidence at the same time during the proceedings.
(3)  A direction may be given under this section only with the consent of the prosecutor and the accused person.
(4)  This section does not limit any other powers of a court to give directions in relation to evidence, witnesses or the management and conduct of proceedings.
276   Proof of service of notice to produce
An affidavit by—
(a)  the Director of Public Prosecutions or the Solicitor for Public Prosecutions, or
(b)  a member of the staff of the Director of Public Prosecutions, or
(c)  an Australian legal practitioner or Australian legal practitioner’s clerk, or
(d)  the accused person, or
(e)  a police officer,
as to the service of any notice to produce and of the time when it was served, with a copy of the notice annexed to the affidavit, is sufficient evidence of the service of the original of the notice and of the time when it was served.
277   Stealing goods from vessel or wharf
(1)  This section applies to the following offences—
(a)  any offence involving the stealing of property—
(i)  from any vessel, barge, boat or train, or
(ii)  from any dock, wharf, quay, railway yard or other railway premises, or
(iii)  from any store or shed used in connection with and adjoining any such dock, wharf, quay, railway yard or other railway premises, or
(iv)  in the course of transit from any vessel, barge, boat or train, or from any store or shed used in connection with and adjoining such wharf, dock, quay, railway yard or other railway premises, or
(b)  any offence involving the receiving of property so stolen knowing it to have been stolen.
(2)  On the prosecution of any person for an offence to which this section applies—
(a)  evidence may be given of any writing, printing, or marks on any property alleged to have been stolen or received, or on any package containing such property, without producing or giving notice to produce the original writing, printing or marks, and
(b)  any document purporting to be a document of title to any property alleged to have been stolen or received—
(i)  is admissible in evidence on production and without further proof, and
(ii)  is evidence of the particulars contained in the document, and that the ownership of the property is in the consignee referred to in the document or his or her assignee.
(3)  In this section—
document of title to property includes—
(a)  any bill of lading, India warrant, dock warrant, warehouse keeper’s certificate, warrant, or order for the delivery or transfer of any goods or valuable thing, and
(b)  any bought and sold note or other document—
(i)  used in the ordinary course of business as proof of the possession or control of goods, or
(ii)  purporting to authorise, by endorsement or delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.
train includes any railway carriage, railway truck or other railway vehicle that is on any railway.
278   Incriminating statements admissible though on oath
An incriminating statement made voluntarily by an accused person before any charge has been preferred against the accused person in respect of an indictable offence is not to be rejected merely because the statement was made on oath.
279   Compellability of family members to give evidence in certain proceedings
(1)  In this section—
(a)  a reference to a member of the accused person’s family means the spouse or de facto partner of the accused person or a parent (within the meaning of the Evidence Act 1995) or child (within the meaning of that Act) of the accused person, and
Note.
 “De facto partner” is defined in section 21C of the Interpretation Act 1987.
(b)  a reference to a domestic violence offence is a reference to a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, and
(c)  a reference to a domestic violence offence committed on a member of an accused person’s family includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which a member of the accused person’s family was the protected person, and
(d)  a reference to a child assault offence is a reference to—
(i)  a prescribed sexual offence committed on a child under the age of 18 years, or
(ii)  an offence under, or mentioned in, section 24, 27, 28, 29, 30, 33, 33A, 35, 39, 41, 42, 43, 44, 46, 47, 48, 49, 58, 59 or 61 of the Crimes Act 1900 committed on a child under the age of 18 years, or
(iii)  an offence that, at the time it was committed, was a child assault offence for the purposes of this section or section 407AA of the Crimes Act 1900, or
(iv)  an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i), (ii) or (iii), and
(e)  a reference to a child assault offence committed on a child includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which that child was the protected person.
(2)  A member of an accused person’s family in proceedings in any court—
(a)  for a domestic violence offence (other than an offence arising from a negligent act or omission) committed on a member of the accused person’s family, or
(b)  for a child assault offence (other than an offence arising from a negligent act or omission) committed on—
(i)  a child living in the household of the accused person, or
(ii)  a child who, although not living in the household of the accused person, is a child (within the meaning of the Evidence Act 1995) of the accused person,
is compellable to give evidence in the proceedings, either for the prosecution or for the defence, without the consent of the accused person.
(2A)  This section does not make a member of an accused person’s family (other than the accused person’s spouse) compellable to give evidence in proceedings for a domestic violence offence committed on a member of the accused person’s family if the accused person is under the age of 18 years.
(3)  A member of an accused person’s family is not compellable to give evidence for the prosecution as referred to in subsection (2) if the family member has applied to, and been excused by, the court.
(4)  A court may excuse a member of an accused person’s family from giving evidence for the prosecution as referred to in subsection (2) if satisfied—
(a)  that the application to be excused is made by that family member freely and independently of threat or any other improper influence by any person, and
(b)  that it is relatively unimportant to the case to establish the facts in relation to which it appears that the family member is to be asked to give evidence, or there is other evidence available to establish those facts, and
(c)  that the offence with which the accused person is charged is of a minor nature.
(5)  When excusing a member of an accused person’s family from giving evidence under subsection (4), the court—
(a)  must state the reasons for doing so, and
(b)  must cause those reasons to be recorded in writing in a form prescribed by the regulations.
(6)  An application under this section by a member of an accused person’s family to be excused from giving evidence is to be made and determined in the absence of the jury (if any) and the accused person, but in the presence of the accused person’s Australian legal practitioner.
(7)  A court may conduct the hearing of an application under this section in any manner it thinks fit, and is not bound to observe rules of law governing the admission of evidence but may obtain information on any matter in any manner it thinks fit.
(8)  The fact that a member of an accused person’s family in proceedings for an offence has applied to be excused, or has been excused, from giving evidence in the proceedings is not to be made the subject of any comment by the court or by any party in the proceedings.
279A   Admission of evidence of complainant from related proceedings
(1)  This section applies if a complainant in proceedings for a prescribed sexual offence (the earlier proceedings) is the complainant in later criminal proceedings (the current proceedings) and the offence in both proceedings is alleged to have been committed by the same accused person against the complainant in related circumstances.
(2)  A prosecutor may tender as evidence in current proceedings a record of the evidence of a complainant given in the earlier proceedings (the original evidence).
(3)  The original evidence of the complainant means all evidence given by the complainant in the earlier proceedings, including the evidence given by the complainant on examination in chief in the earlier proceedings and any further evidence given on cross-examination or re-examination in those proceedings.
(4)  Despite anything to the contrary in the Evidence Act 1995, or any other Act or law, a record of the original evidence of the complainant is admissible in the current proceedings if—
(a)  the prosecutor gives written notice to the accused person, in accordance with the regulations, 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 current proceedings or within such other period as the court may allow.
(5)  If a record of original evidence is admitted in current proceedings under this section, the complainant is not compellable to give further evidence about the same matters in the current proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence—
(a)  to clarify any matters relating to the original evidence of the complainant, or
(b)  to canvass information or material that has become available since the original evidence was given, or
(c)  in the interests of justice.
(6)  The court is to ensure that the complainant is questioned by any party to the current proceedings only in relation to matters that are relevant to the matters mentioned in subsection (5).
(7)  Subject to subsection (6), if a complainant gives any further evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.
(8)  The court hearing the current proceedings may decline to admit a record of original evidence of the complainant if, in the court’s opinion, the accused person would be unfairly disadvantaged by the admission of the evidence, 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.
(9)  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 be admissible if the original evidence of the complainant had been given orally before the court hearing the current proceedings in accordance with the usual rules and practice of the court.
(10)  The hearsay rule (within the meaning of the Evidence Act 1995) does not prevent the admission of a record of the original evidence of the complainant under this section 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.
(11)  Sections 306E–306G (including any regulations made for the purposes of those sections) apply for the purposes of this section with such modifications as are necessary.
(12)    (Repealed)
280   Disclosure of address or telephone number of witness
(1)  A witness in proceedings for an offence, or a person who makes a written statement that is likely to be produced in proceedings for an offence, is not required to disclose his or her address or telephone number, unless—
(a)  the address or telephone number is a materially relevant part of the evidence, or
(b)  the court makes an order requiring the disclosure.
(2)  An application for such an order may be made by the prosecution or the defence.
(3)  The court may make such an order only if it is satisfied that disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice outweigh any such risk.
(4)  An address or telephone number that is not required to be disclosed and that is contained in a written statement may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is produced in court or given to the accused person.
(5)  A written statement is not inadmissible as evidence on the ground that it either does or does not disclose any such address or telephone number as referred to in this section.
(6)  This section does not prevent the disclosure of an address in a written statement if the statement does not identify it as a particular person’s address.
(7)    (Repealed)
(8)  In this section—
address includes a private, business or official address.
telephone number includes a private, business or official telephone number.
280A   Disclosure of personal information in subpoenaed documents and things
(1)  A person to whom a subpoena is addressed is not required to disclose in any document or thing produced in compliance with the subpoena any personal information, unless—
(a)  the personal information is a materially relevant part of the evidence, or
(b)  the court makes an order requiring the disclosure.
(2)  An application for such an order may be made by the prosecution or the defence.
(3)  The court may make such an order only if it is satisfied that disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice outweigh any such risk.
(4)  Personal information that is not required to be disclosed may, without reference to the person to whom the personal information relates, be deleted from the document or thing, or rendered illegible, before the document or thing is produced to the court or given to the accused person in compliance with the subpoena.
(5)  This section does not prevent the disclosure of an address if the disclosure does not identify it as a particular person’s address, or it could not reasonably be inferred from the matters disclosed that it is a particular person’s address.
(6)  In this section—
address includes a private, business or official address.
personal information means the address or telephone number of the person to whom the subpoena is addressed or of any other living person.
telephone number includes a private, business or official telephone number.
281   Admissions by suspects
(1)  This section applies to an admission—
(a)  that was made by an accused person who, at the time when the admission was made, was or could reasonably have been suspected by an investigating official of having committed an offence, and
(b)  that was made in the course of official questioning, and
(c)  that relates to an indictable offence, other than an indictable offence that can be dealt with summarily without the consent of the accused person.
(2)  Evidence of an admission to which this section applies is not admissible unless—
(a)  there is available to the court—
(i)  a tape recording made by an investigating official of the interview in the course of which the admission was made, or
(ii)  if the prosecution establishes that there was a reasonable excuse as to why a tape recording referred to in subparagraph (i) could not be made, a tape recording of an interview with the person who made the admission, being an interview about the making and terms of the admission in the course of which the person states that he or she made an admission in those terms, or
(b)  the prosecution establishes that there was a reasonable excuse as to why a tape recording referred to in paragraph (a) could not be made.
(3)  The hearsay rule and the opinion rule (within the meaning of the Evidence Act 1995) do not prevent a tape recording from being admitted and used in proceedings before the court as mentioned in subsection (2).
(4)  In this section—
investigating official means—
(a)  a police officer (other than a police officer who is engaged in covert investigations under the orders of a superior), or
(b)  a person appointed by or under an Act (other than a person who is engaged in covert investigations under the orders of a superior) whose functions include functions in respect of the prevention or investigation of offences prescribed by the regulations.
official questioning means questioning by an investigating official in connection with the investigation of the commission or possible commission of an offence.
reasonable excuse includes—
(a)  a mechanical failure, or
(b)  the refusal of a person being questioned to have the questioning electronically recorded, or
(c)  the lack of availability of recording equipment within a period in which it would be reasonable to detain the person being questioned.
tape recording includes—
(a)  audio recording, or
(b)  video recording, or
(c)  a video recording accompanied by a separately but contemporaneously recorded audio recording.