Under s 84 of the Evidence Act 1995 (Cth), reliability is not relevant to the exclusion of admissions influenced by violent or oppressive conduct; the focus is on the impropriety of the conduct and the lack of voluntariness. A subsequent admission may be tainted by prior violent or oppressive conduct, as the prosecution must prove each admission was not influenced by the earlier conduct. Under s 23V of the Crimes Act 1914 (Cth), inadvertent failure to tape-record questioning when a recorder is available does not constitute special circumstances justifying admission. Section 23K of the Crimes Act 1914 (Cth) requires that after police contact, the interview friend must be given an opportunity for private conversation with the minor before questioning commences; prior private time between the minor and the interview friend before police contact does not satisfy this requirement.
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