When can documents be used to refresh memory in court according to the Evidence Act Queensland (EAC)?

Prepare for the Queensland Evidence Bar Exam with comprehensive study material. Utilize flashcards and multiple-choice questions with hints and explanations. Excel in your exam preparation!

The use of documents to refresh a witness's memory in court is governed by the provisions of the Queensland Evidence Act. The correct choice emphasizes that this can only occur with the court's permission and provided the document in question is sufficiently contemporaneous. This requirement helps ensure that the material being used to aid memory is reliable and closely related in time to the events in question, thus increasing its probative value and reducing the risk of introducing potentially misleading or outdated information into the court process.

This approach maintains the integrity of witness testimony and ensures that the evidence presented is not only relevant but also trustworthy. The requirement for court leave emphasizes judicial oversight in managing how evidence is handled, fostering fairness in proceedings and preventing any misuse of documents that could improperly sway a witness's testimony.

The other options do not align with the legislative framework. For instance, allowing witnesses to use documents whenever they request would undermine the controlled process intended to safeguard against unreliable evidence, while focusing solely on relevance or previous disclosure does not capture the necessary checks that ensure the memory-refreshing process adheres to legal standards.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy