Evidence Regulations 2007

20 Limited purposes for which Police may show working copy

(1)

The Police may only show a working copy for the following purposes:

(a)

to seek advice from a Crown lawyer or any other person, for example, an expert, to determine whether—

(i)

any, and if so what, charges ought to be filed; or

(ii)

any care or protection proceeding ought to be instituted:

(b)

to allow any of the following persons to know the case against them:

(i)

a person suspected of having committed an offence to which the video record relates:

(ii)

a defendant to a charge in relation to which the video record may be used in evidence:

(c)

to allow any lawyer representing a person referred to in paragraph (b)(i), a defendant’s lawyer, or an expert to view it:

(d)

to allow the witness to view it:

(e)

for the purpose of making a transcript:

(f)

to allow any Crown lawyer or expert to view it:

(g)

to enable any Judge to view it in order to—

(i)

determine whether it is admissible in a proceeding; or

(ii)

comply with any requirement in an enactment or imposed by a rule of law:

(ga)

for training or reviewing the performance of any person who is training as, or is, an interviewer:

(gb)

to comply with an order of a Judge or judicial officer under section 119A of the Act to give the parties in other proceedings and (if relevant) their lawyers or an expert an opportunity to view a video record:

(h)

to enable the Commissioner or any other member of the Police to discharge his or her duties under an enactment:

(i)

to assist the Police in any further investigations of suspected offences that may have been committed by any person referred to in paragraph (b).

(2)

Subclause (1)(b), (c), and (gb) is subject to regulation 20B.

(3)

The Police must inform any expert who views a working copy that the expert must comply with regulation 20A.

Compare: SR 1990/164 r 10

Regulation 20(1)(a): amended, on 9 January 2017, by regulation 8(1) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(1)(a)(i): amended, on 9 January 2017, by regulation 8(2) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(1)(b): replaced, on 9 January 2017, by regulation 8(3) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(1)(c): replaced, on 9 January 2017, by regulation 8(3) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(1)(d): amended, on 12 September 2008, by regulation 12(1) of the Evidence Amendment Regulations 2008 (SR 2008/297).

Regulation 20(1)(f): replaced, on 9 January 2017, by regulation 8(4) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(1)(ga): inserted, on 9 January 2017, by regulation 8(5) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(1)(gb): inserted, on 9 January 2017, by regulation 8(5) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(2): inserted, on 9 January 2017, by regulation 8(6) of the Evidence Amendment Regulations 2016 (LI 2016/292).

Regulation 20(3): inserted, on 9 January 2017, by regulation 8(6) of the Evidence Amendment Regulations 2016 (LI 2016/292).