Version No. 004
Criminal Procedure Regulations 2009
S.R. No. 169/2009
Version incorporating amendments as at
3 December 2019
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
Part 2—Division 5 recordings
5Who may ask questions
6Information to be included in a Division 5 recording
7Copies of a Division 5 recording
8Transcript of a Division 5 recording
9Right of accused to listen to or view Division 5 recording
10Record of persons listening to or viewing Division 5 recordings
11Use of Division 5 recordings, copies or transcripts
12Retention and destruction of recordings and copies
Part 3—Prosecution witnesses allowances and expenses
13Attendance allowance for expert witness
14Allowances and expenses of other witness
15Meals
16Accommodation
17Travelling
18No payment to prisoners
19Evidence of expenses etc. to be produced
Part 4—Pre-hearing disclosure by electronic transmission
20Pre-hearing disclosure by electronic transmission
Part 5—Intermediaries
21Intermediaries' oath or affirmation
22Use of recordings and transcripts
Schedule 1—Oaths and affirmations
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
Criminal Procedure Regulations 2009
S.R. No. 169/2009
Version incorporating amendments as at
3 December 2019
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to—
(a)provide for the making, use, possession, editing, storage, access to and destruction of audio and audiovisual recordings referred to in Division 5 of Part 8.2 of the Criminal Procedure Act 2009; and
(b)specify the allowances and expenses that are to be paid to prosecution witnesses; and
(ba)provide for the use of various recordings for the purposes of assisting intermediaries or the training or evaluation of intermediaries; and
(c)other matters required or necessary to be prescribed by the Criminal Procedure Act 2009.
2Authorising provision
These Regulations are made under section 420 of the Criminal Procedure Act 2009.
3Commencement
These Regulations come into operation on 1 January 2010.
4Definitions
In these Regulations—
the Act means the Criminal Procedure Act 2009;
Division 5 recording means an audio or audiovisual recording of a kind referred to in Division 5 of Part 8.2 of the Act;
Part 8.2A recording means an audio or audiovisual recording made in a proceeding in which an intermediary is appointed under Part 8.2A.
Part 2—Division 5 recordings
5Who may ask questions
For the purposes of section 367 of the Act, the following persons are prescribed—
(a)a member of Victoria Police who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;
(b)a person authorised in writing by the Chief Commissioner of Police who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;
(c)if the questions are put to the witness in another State or the Northern Territory, a member of the police force of that State or Territory;
(d)if the questions are put to the witness in a Territory other than the Northern Territory, a member of…