acts for which the defendant has been charged but not convicted (other than acts for which the defendant has been acquitted) should be admissible as tendency or coincidence evidence if it otherwise satisfies the test for admissibility of tendency or coincidence evidence about a defendant in a child sexual offence prosecution. 50 Australian governments should introduce legislation to make the Accept in principle See recommendation 44. reforms we recommend to the rules governing the admissibility of tendency and coincidence evidence. 51 The draft provisions in Appendix N provide for the recommended Accept in principle See recommendation 44. reforms for Uniform Evidence Act jurisdictions. Legislation to the effect of the draft provisions should be introduced for Uniform Evidence Act jurisdictions and non–Uniform Evidence Act jurisdictions. 52 and territory governments should ensure that the necessary Accept All child sexual offences in the Criminal Code (Cth) legislative provisions and physical resources are in place to allow for are indictable offences as they carry penalties the prerecording of the entirety of a witness’s evidence in child sexual greater than 12 months. Under Part IA, s.4H of the abuse prosecutions. This should include both: Crimes Act 1914 (Cth), an indictable offence is an offence which is punishable by imprisonment for a in summary and indictable matters, the use of a pre-recorded period exceeding 12 months. investigative interview as some or all of the witness’s evidence in chief Part IAD, Division 5 of the Crimes Act 1914 (Cth) in matters tried on indictment, the availability of pre-trial provides for the use of video recordings for hearings to record all of a witness’s evidence, including vulnerable witnesses. S.15YM provides for a video examination and re-examination, so that the evidence is taken recording of an interview of a vulnerable person to in the absence of the jury and the witness need not participate be admitted as evidence in chief (subject to the in the itself. interview being conducted by a specified person and the court gives leave).
acts for which the defendant has been charged but not convicted (other than acts for which the defendant has been acquitted) should be admissible as tendency or coincidence evidence if it otherwise satisfies the test for admissibility of tendency or coincidence evidence about a defendant in a child sexual offence prosecution. 50 Australian governments should introduce legislation to make the reforms we recommend to the rules governing the admissibility of tendency and coincidence evidence. Accept in principle See recommendation 44. 51 The draft provisions in Appendix N provide for the recommended reforms for Uniform Evidence Act jurisdictions. Legislation to the effect of the draft provisions should be introduced for Uniform Evidence Act jurisdictions and non–Uniform Evidence Act jurisdictions. Accept in principle See recommendation 44. 52 and territory governments should ensure that the necessary legislative provisions and physical resources are in place to allow for the prerecording of the entirety of a witness’s evidence in child sexual abuse prosecutions. This should include both: in summary and indictable matters, the use of a pre-recorded investigative interview as some or all of the witness’s evidence in chief in matters tried on indictment, the availability of pre-trial hearings to record all of a witness’s evidence, including and re-examination, so that the evidence is taken in the absence of the jury and the witness need not participate in the itself. Accept All child sexual offences in the Criminal Code (Cth) are indictable offences as they carry penalties greater than 12 months. Under Part IA, s.4H of the Crimes Act 1914 (Cth), an indictable offence is an offence which is punishable by imprisonment for a period exceeding 12 months. Part IAD, Division 5 of the Crimes Act 1914 (Cth) provides for the use of video recordings for vulnerable witnesses. S.15YM provides for a video recording of an interview of a vulnerable person to be admitted as evidence in chief (subject to the interview being conducted by a specified person and the court gives leave). examination
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