South Australian Current Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 22G

22G—Evidentiary

        (1)         Subject to this section, in any proceedings under this Part—

            (a)         transcripts of evidence or documents tendered in evidence, or material otherwise relied on by a court, in proceedings in which a person has been convicted of an offence; and

            (b)         evidence or documents relating to the factual basis on which a person was convicted and sentenced for an offence,

will be admissible, and the Court may draw any conclusions of fact that it considers proper from the evidence, document or other material.

        (2)         Subject to this section, in any proceedings under this Part, an apparently genuine document purporting to be a police record of a person's antecedents or criminal history will be admissible without further proof as evidence of the facts referred to in the document, or to be inferred from the document.

        (3)         An affidavit of a police officer of or above the rank of superintendent will be admissible in evidence for the purpose of proving that evidence, a document or other material is of a kind referred to in subsection (1) or (2).

        (4)         Evidence, a document or other material will not be admitted in evidence under subsection (1) or (2) if the Court is of the opinion—

            (a)         that the person by whom, or at whose direction, the evidence, document or material was prepared can and should be called by the party tendering the evidence, document or material to give evidence of the matters contained in the evidence, document or material; or

            (b)         that the evidentiary weight of the evidence, document or material is slight and is outweighed by the prejudice that might result to any of the parties from the admission of the evidence, document or material in evidence; or

            (c)         that it would be otherwise contrary to the interests of justice to admit the evidence, document or material in evidence.

        (5)         In any proceedings under this Part, an apparently genuine document purporting to be remarks made by a court in—

            (a)         sentencing a person for an offence; or

            (b)         giving reasons for upholding or dismissing an appeal—

                  (i)         against a sentence for an offence; or

                  (ii)         against a conviction for an offence where the conviction is upheld,

as to the facts which the court accepts or finds to have been established in the proceedings for the offence will be admissible without further proof, if relevant to an issue in the proceedings, as evidence of those facts.

        (6)         In determining whether to admit any material in evidence under this section, the Court may receive evidence by affidavit of any matter pertaining to the admission of that material.

        (7)         For the purpose of determining the evidentiary weight, if any, of material admitted in evidence under this section, consideration may be given to the source from which the material was produced, the safeguards (if any) that have been taken to ensure its accuracy, and any other relevant matters.

        (8)         Nothing in this section limits the material that might be admissible in proceedings under this Part.



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