Victorian Current Acts

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EVIDENCE ACT 2008 - SECT 86

Exclusion of records of oral questioning

S. 86(1) amended by No. 68/2009 s. 97(Sch. item 55.19(a)).

    (1)     This section applies only in a criminal proceeding and only if an oral admission was made by an accused to an investigating official in response to a question put or a representation made by the official.

S. 86(2) amended by No. 68/2009 s. 97(Sch. item 55.19(b)).

    (2)     A document prepared by or on behalf of the official is not admissible to prove the contents of the question, representation or response unless the accused has acknowledged that the document is a true record of the question, representation or response.

    (3)     The acknowledgement must be made by signing, initialling or otherwise marking the document.

    (4)     In this section, document does not include—

        (a)     a sound recording, or a transcript of a sound recording; or

        (b)     a recording of visual images and sounds, or a transcript of the sounds so recorded.

Note

See also sections 83 and 84 of the Criminal Procedure Act 2009 which relate to the admissibility of evidence in the absence of an accused in a summary hearing.



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