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Clause 139 Admissibility of non-oral evidence

(1)Subject to subsections (2) and (3), on proof of their service on the accused in accordance with Part 4.4, the following are admissible as if their contents were a record of evidence given orally—

(a)any statement the truthfulness of which has been attested to, other than a statement that is inadmissible under section 134(2);

(b)any exhibit or document referred to in a statement which is admissible;

(c)any recording the truthfulness of the contents of which has been attested to, other than a recording that is inadmissible under section 134(2);

(d)any other recording a transcript of which has been served in the hand-up brief, other than a recording that is inadmissible under section 134(2).

(2)The Magistrates' Court may rule as inadmissible the whole or any part of—

(a)a statement; or

(b)any exhibit or document referred to in a statement; or

(c)the contents of a recording.

(3)A recording, a transcript of which has been served in the hand-up brief, is only admissible if it is proved that the accused and his or her legal practitioner were given a reasonable opportunity to listen to and, in the case of a video recording, view the recording.