Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Subject to subsection (2), a confession or admission made by a person charged in a criminal proceeding is not admissible in evidence against that person unless it was made voluntarily by that person.
(2) A concession or admission tendered in evidence against the person charged in a criminal proceeding shall not be rejected only on the ground that a promise, threat or other inducement (other than the exercise of violence, force or other form of compulsion) has been held out to or exercised on the person making the confession or admission, if the judge is satisfied that the means by which the confession or admission was obtained were not in fact likely to cause an untrue admission of guilt to be made.
(3) The judge has, in a criminal proceeding, a discretion to reject a confession or admission (whether or not it is a confession or admission to which subsection (2) applies) made by the person charged if, having regard to the circumstances in which, or the means by which, the confession or admission was obtained, the judge is satisfied that it would be unfair to the person charged to admit the confession or admission in evidence.