72
In forceEvidentiary matters
Part IXControlled operations
Division 1Introduction
72 Evidentiary matters
(1)
Subject to subsection (2), this Part is not intended to limit a discretion that a court has—
(a)
to admit or exclude evidence in any proceedings; or
(b)
to stay criminal proceedings in the interests of justice.
(2)
In determining whether evidence should be admitted or excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if—
(a)
the person was a participant acting in the course of an authorised operation; and
(b)
the criminal activity was controlled conduct.
Division 2—Authorisation of controlled operations
New s. 73 inserted by No. 16/2004 s. 51.
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