Admissibility of evidence of private conversation when obtained inadvertently pursuant to warrant
15 Admissibility of evidence of private conversation when obtained inadvertently pursuant to warrant
Where a private conversation has inadvertently or unexpectedly come to the knowledge of a person as a result, direct or indirect, of the use of a listening device pursuant to a warrant granted under Part 4 – evidence of the conversation; or evidence obtained as a consequence of the conversation so coming to the knowledge of that person – may be given by that person in any criminal proceedings notwithstanding that the warrant was not granted for the purpose of allowing that evidence to be obtained.
Subsection (1) does not render any evidence admissible if – the evidence relates to an offence in respect of which a warrant could not be granted under Part 4; or the complaint upon which the warrant was granted was not, in the opinion of the court, made in good faith.
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