Subpart 4—Previous consistent statements made by witness

35 Previous consistent statements rule

(1)

A previous statement of a witness that is consistent with the witness’s evidence is not admissible unless subsection (2) applies to the statement.

(2)

A previous statement of a witness that is consistent with the witness’s evidence is admissible if the statement—

(a)

responds to a challenge that will be or has been made to the witness’s veracity or accuracy, based on a previous inconsistent statement of the witness or on a claim of invention on the part of the witness; or

(b)

forms an integral part of the events before the court; or

(c)

consists of the mere fact that a complaint has been made in a criminal case.

(3)

[Repealed]

Section 35(1): amended, on 8 January 2017, by section 11(1) of the Evidence Amendment Act 2016 (2016 No 44).

Section 35(2): replaced, on 8 January 2017, by section 11(2) of the Evidence Amendment Act 2016 (2016 No 44).

Section 35(3): repealed, on 8 January 2017, by section 11(2) of the Evidence Amendment Act 2016 (2016 No 44).