Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 86

Exclusion of records of oral questioning

In force
Chapter 3Admissibility of evidence
Part 3.4Admissions

86 Exclusion of records of oral questioning

(1)

This section applies only in a criminal proceeding and only if an oral admission was made by a defendant to an investigating official in response to a question put or a representation made by the official.

(2)

A document prepared by or on behalf of the official is not admissible to prove the contents of the question, representation or response unless the defendant has acknowledged that the document is a true record of the question, representation or response.

(3)

The acknowledgment must be made by signing, initialling or otherwise marking the document.

(4)

In this section:

document does not include:

(a)

a sound recording, or a transcript of a sound recording; or

(b)

a recording of visual images and sounds, or a transcript of the sounds so recorded.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.