Evidence Act 2011

This section applies only in a criminal proceeding and only to evidence of an admission made by a defendant—

to, or in the presence of, an investigating official who at the time was exercising functions in connection with the investigation of the commission, or possible commission, of an offence; or

as a result of an act of someone else who was, and who the defendant knew or reasonably believed to be, capable of influencing the decision whether a prosecution of the defendant should be brought or should be continued.

Note Subsection (1) was inserted as a response to the decision of the High Court of in Kelly v The Queen (2004) 218 CLR 216.

Evidence of the admission is not admissible unless the circumstances in which the admission was made make it unlikely that the truth of the admission was adversely affected.

Without limiting the matters that the court may take into account for subsection (2), it must take into account—

any relevant condition or characteristic of the person who made the admission, including age, personality and education and any mental, intellectual or physical disability to which the person is or appears to be subject; and

if the admission was made in response to questioning—

the nature of the questions and the way in which they were put; and

the nature of any threat, promise or other inducement made to the person questioned.