Evidence obtained illegally
83 Evidence obtained illegally
This section applies to the following evidence —
anything taken (including a print, photograph, sample, impression or record) in the course of an identifying procedure; and
any evidence derived from a thing referred to in paragraph (a) or the procedure.
This section does not apply to evidence to which section 84 applies.
If —
an identifying procedure is done on a person; and
any requirement of this Act in relation to doing the procedure, including a requirement that arises before or after the actual procedure, is contravened,
evidence to which this section applies is not admissible in any criminal proceedings against the person in a court unless —
the person does not object to the admission of the evidence; or
the court decides otherwise under section 86; or
the court is of the opinion that the contravention arose out of a mistaken but reasonable belief as to whether a person was a protected person.
[Section 83 amended: No. 59 of 2006 s. 39.]
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