Meaning of sensitive evidence
590AF Meaning of sensitive evidence
Sensitive evidence means anything containing or displaying an image of a person (the imaged person)—
that, disregarding the fact the thing was brought into existence, or is in the possession of the prosecution, for the purpose of providing evidence of an offence, is obscene or indecent; or
the disclosure of which to another person, without the imaged person’s consent, would interfere with the imaged person’s privacy.
Examples—
• a computer hard drive containing obscene or indecent images
• a photo of a naked rape victim taken to preserve evidence of the victim’s condition at a particular time
Child exploitation material under chapter 22, or material alleged to be child exploitation material, is sensitive evidence. sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AF ins 2003 No. 55 s 15
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