Section 86 of the Evidence Act 1995 (NSW) cannot be used to admit evidence of admissions that are inadmissible under s 424A of the Crimes Act 1900 (NSW), even where the accused has signed the police notebook entry. Where a suspect declines a combined audio-visual recording, the investigating officer should separately offer an audio-only recording. A reasonable excuse for the absence of a tape recording at the time of the original interview does not excuse the failure to make a confirmatory recording under s 424A(2)(b) at a subsequent electronically recorded interview where the opportunity existed to do so.
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