Documents

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s 45 Title

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PRoduction of documents

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s 45 - When applies

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(1) This section applies if a party is cross-examining or has cross-examined a witness about:
(a) a prior inconsistent statement alleged to have been made by the witness that is recorded in a document, or
(b) a previous representation alleged to have been made by another person that is recorded in a document.

(3) The court may:
(a) examine a document or evidence that has been so produced, and
(b) give directions as to its use, and
(c) admit it even if it has not been tendered by a party.

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s 45- what it allows and requires

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(2) If the court so orders or if another party so requires, the party must produce:
(a) the document, or
(b) such evidence of the contents of the document as is available to the party,
to the court or to that other party.

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s 45 What it doesn't do

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(4) Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter 3.
(5) The mere production of a document to a witness who is being cross-examined does not give rise to a requirement

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Documents as an exception to the opinion rule

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s 76 (2) Subsection (1) does not apply to evidence of an opinion contained in a certificate or other document given or made under regulations made under an Act other than this Act to the extent to which the regulations provide that the certificate or other document has evidentiary effect.

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s 32- title

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attempts to revive memory in court

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s 32- basic rule

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(1) A witness must not, in the course of giving evidence, use a document to try to revive his or her memory about a fact or opinion unless the court gives leave.

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s 32- how court to decide

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(2) Without limiting the matters that the court may take into account in deciding whether to give leave, it is to take into account:
(a) whether the witness will be able to recall the fact or opinion adequately without using the document, and
(b) whether so much of the document as the witness proposes to use is, or is a copy of, a document that:
(i) was written or made by the witness when the events recorded in it were fresh in his or her memory, or
(ii) was, at such a time, found by the witness to be accurate.

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s 32- producing document used

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(4) The court is, on the request of a party, to give such directions as the court thinks fit to ensure that so much of the document as relates to the proceeding is produced to that party.

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s 32- reading aloud

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(3) If a witness has, while giving evidence, used a document to try to revive his or her memory about a fact or opinion, the witness may, with the leave of the court, read aloud, as part of his or her evidence, so much of the document as relates to that fact or opinion.

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s 33- title

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evidence given by police officers

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s 33- exception

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(1) Despite section 32, in any criminal proceeding, a police officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by the police officer.

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s 33- requirements

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(2) Evidence may not be so given unless:
(a) the statement was made by the police officer at the time of or soon after the occurrence of the events to which it refers, and
(b) the police officer signed the statement when it was made, and
(c) a copy of the statement had been given to the person charged or to his or her Australian legal practitioner or legal counsel a reasonable time before the hearing of the evidence for the prosecution.
(3) A reference in this section to a police officer includes a reference to a person who, at the time the statement concerned was made, was a police officer.

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s 34- title

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attempts to revive memory out of court

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s 34- court power to require

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(1) The court may, on the request of a party, give such directions as are appropriate to ensure that specified documents and things used by a witness otherwise than while giving evidence to try to revive his or her memory are produced to the party for the purposes of the proceeding.

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s 34- consequences of non-compliance

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(2) The court may refuse to admit the evidence given by the witness so far as it concerns a fact as to which the witness so tried to revive his or her memory if, without reasonable excuse, the directions have not been complied with.

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s 35- title

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Effect of calling for production of documents

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s 35

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35 Effect of calling for production of documents

(1) A party is not to be required to tender a document only because the party, whether under this Act or otherwise:
(a) called for the document to be produced to the party, or
(b) inspected it when it was so produced.
(2) The party who produces a document so called for is not entitled to tender it only because the party to whom it was produced, or who inspected it, fails to tender it.