When a victim under nineteen or their legal representative applies, what may the prosecutor or judicial police officer be required to issue or to play?
General information · Not legal advice
Material to check
In a practice file we read the application made by the victim under nineteen or their legal representative, the record in which the course of the recording was entered and filed with the investigation record, and the sealed recording itself, since the provision turns on what was captured and who is asking.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty at its word: where the victim under nineteen or their legal representative makes the application, the prosecutor or judicial police officer must issue a copy of the record drawn up during the recording, or a copy of a transcript written out of what the recording captured, or play the recording so the applicant views it.
Another reading notes what the provision leaves open: it does not say which of those acts is chosen, how the application is made, or within what period it must be answered, and the exclusion of a legal representative who is the perpetrator or the perpetrator's spouse appears only where the victim or representative does not want recording.
Your judgment
Once the file shows an application has been made, what in the record could show which of the three options was performed and for whom?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to choose among those options or to set how an application is made, or if a court decision decides what a copied transcript must contain.