Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 8

8 .         Evidence obtained in controlled operations

        (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 or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and

            (b)         the criminal activity was controlled conduct within the meaning of that term in this Part or a corresponding law.