Right to remain silent etc. not affected
464J Right to remain silent etc. not affected
S. 464J inserted by No. 37/1988 s. 5, amended by No. 84/1989 s. 6.
Nothing in this subdivision affects—
the right of a person suspected of having committed an offence to refuse to answer questions or to participate in investigations except where required to do so by or under an Act or a Commonwealth Act; or
the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or
S. 464J(ba) inserted by No. 69/2009 s. 50.
the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or
the discretion of a court to exclude unfairly obtained evidence; or
the discretion of a court to exclude illegally or improperly obtained evidence.
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