Evidence Act 1893 · 2020 Revised Edition · Part 3 · Production and Effect of Evidence
161. Refreshing memory
Feedback & supportA witness may while under examination refresh his or her memory by referring to any writing made by himself or herself at the time of the transaction concerning which he or she is questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his or her memory.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
The witness may also refer to any such writing made by any other person and read by the witness within the time mentioned in subsection (1), if, when the witness read it, the witness knew it to be correct.
Whenever the witness may refresh his or her memory by reference to any document, the witness may, with the permission of the court, refer to a copy of such document if the court is satisfied that there is sufficient reason for the non‑production of the original.
document
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;
An expert may refresh his or her memory by reference to professional treatises.