33. Evidence given by police officers

33. Evidence given by police officers

(1) Despite section 32, in any criminal proceeding, a police officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by the police officer.

(2) Evidence may not be so given unless-

(a) the statement was made by the police officer at the time of or soon after the occurrence of the events to which it refers; and

(b) the police officer signed the statement when it was made; and

(c) a copy of the statement had been given to the person charged or to the person's Australian legal practitioner or legal counsel a reasonable ime before the hearing of the evidence for the prosecution.

Note

Paragraph (c) differs from the Commonwealth Act and New South Wales Act.

(3) A reference in this section to a police officer includes a reference to a person who, at the time the statement concerned was made, was a police
officer.

Section 33 is a provision that facilitates the giving of police evidence. It does not dispose of the issues raised in McKinney v R (1991) 171 CLR 468 about the inherent difficulties of challenging police evidence and the caution that much of it should be treated with, particularly admissions.

This provision will not assist with the admission of evidence which is not admissible either because of an exclusionaary rule or in the exercise of judicial discretion.