Barrister AI
All legislation
SAAct
In force
Held text is as at 1 Jul 2026. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →
s 74E

Admissibility of evidence of interview

In force
Part 17Recording of interviews
Division 2Recording interviews with suspects

74E Admissibility of evidence of interview

(1)

In proceedings for an indictable offence, evidence of an interview between an investigating officer and the defendant is inadmissible against the defendant unless—

(a)

the investigating officer complied with this Division; or

(b)

the court is satisfied that the interests of justice require the admission of the evidence despite the investigating officer's non-compliance.

(2)

If, in the course of a trial by jury, the court admits evidence of an interview under subsection (1)(b), the court must—

(a)

draw the jury's attention to the non-compliance by the investigating officer; and

(b)

give an appropriate warning in view of the non-compliance, unless the court is of the opinion that the non-compliance was trivial.

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.