A suspect's act of posing for a photograph at police direction is not an 'admission' within the Evidence Act 1995 (NSW) definition (which requires a 'representation') and is not 'information' within s 13 of the Children (Criminal Proceedings) Act 1987 (NSW) (which requires an assertion of fact). The protections in s 13, s 90 of the Evidence Act, and s 281 of the Criminal Procedure Act do not apply to evidence of photographs obtained in this manner. However, such photographs may still be subject to exclusion under s 138 if obtained in breach of Part 10A of the Crimes Act or other provisions, provided the discretion is exercised on a correct legal basis.
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