Victorian Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2016 (NO. 28 OF 2016) - SECT 9

After Division 7 of Part 8.2 of the Criminal Procedure Act 2009 insert —

" Division 7A—Admission of recorded evidence of complainant given in summary hearing by Children's Court of certain sexual offences

        387A     Application of Division

    (1)     This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for an offence against any of the following provisions of the Crimes Act 1958 —

        (a)     section 38 (rape);

        (b)     section 39 (rape by compelling sexual penetration);

        (c)     section 44(1), (2), (3) or (4) (incest);

        (d)     section 45 (sexual penetration of child under the age of 16);

        (e)     section 47A (persistent sexual abuse of child under the age of 16);

        (f)     section 48(1) (sexual penetration of 16 or 17 year old child).

    (2)     This Division applies to a complainant in a criminal proceeding referred to in subsection (1).

    (3)     This Division applies to a recording of the evidence (including cross-examination and re-examination) of a complainant given during a summary hearing by the Children's Court in a criminal proceeding referred to in subsection (1).

        387B     Admissibility of recording of complainant's evidence

Division 7 (other than sections 378 and 382) applies to this Division as if—

        (a)     a reference to a sexual offence were a reference to an offence referred to in section 387A(1); and

        (b)     a reference to a complainant were a reference to a complainant referred to in section 387A(2); and

        (c)     a reference to a recording were a reference to a recording referred to in section 387A(3); and

        (d)     a reference to a trial were a reference to a summary hearing of the charge by the Children's Court.".