Commonwealth Numbered Acts

CRIMES (INVESTIGATION OF COMMONWEALTH OFFENCES) AMENDMENT ACT 1991 No. 59 of 1991 - SECT 3

3. After Part IB of the Principal Act the following Part is inserted:

"PART IC-INVESTIGATION OF COMMONWEALTH OFFENCES Application of Part

"23A. (1) Any law of the Commonwealth in force immediately before the
commencement of this Part, and any rule of the common law, has no effect so
far as it is inconsistent with this Part.

"(2) This Part does not exclude or limit the operation of a law of a State or
Territory so far as it can operate concurrently with this Part.

"(3) In subsection (2): `law of a State or Territory' includes such a law that
is given a particular application by a law of the Commonwealth.

"(4) Where a law of a State or Territory would, apart from this subsection,
require the electronic recording of confessional evidence in relation to a
Commonwealth offence (whether or not expressed as a condition of the
admissibility of that evidence), that requirement ceases to apply on the
commencement of this Part.

"(5) The provisions of this Part, so far as they protect the individual, are
in addition to, and not in derogation of, any rights and freedoms of the
individual under a law of the Commonwealth or of a State or Territory.

"(6) If an offence against a law of the Australian Capital Territory is
punishable by imprisonment for a period exceeding 12 months and the
investigating official concerned is a member or special member of the
Australian Federal Police, this Part applies to that offence as if:

   (a)  references to Commonwealth offences included references to that
        offence; and

   (b)  references to a law of the Commonwealth included references to a law
        of that Territory. Definitions

"23B. (1) In this Part: `Aboriginal legal aid organisation' means an
organisation that provides legal assistance to Aboriginal persons and Torres
Strait Islanders, being an organisation identified in the regulations for the
purposes of this definition; `Aboriginal person' means a person of the
Aboriginal race of Australia; `arrested' or `under arrest' has the meaning
given by subsections (2), (3) and (4), and `arrest' has a corresponding
meaning; `Commonwealth offence' means an offence against a law of the
Commonwealth, other than an offence that is a service offence for the purposes
of the Defence Force Discipline Act 1982; `investigating official' means:

   (a)  a member or special member of the Australian Federal Police; or

   (b)  a member of the police force of a State or Territory; or

   (c)  a person who holds an office the functions of which include the
        investigation of Commonwealth offences and who is empowered by a law
        of the Commonwealth because of the holding of that office to make
        arrests in respect of such offences; `investigation period' means the
        investigation period prescribed by section 23C; `magistrate' includes
        a justice of the peace; `question' has the meaning given by subsection
        (6); `tape recording' includes audio recording and video recording;
        `Torres Strait Islander' means a descendant of an indigenous
        inhabitant of the Torres Strait Islands.

"(2) Subject to subsections (3) and (4), a reference in this Part to a person
who is arrested includes a reference to a person who is in the company of an
investigating official for the purpose of being questioned, if:

   (a)  the official believes that there is sufficient evidence to establish
        that the person has committed a Commonwealth offence that is to be the
        subject of the questioning; or

   (b)  the official would not allow the person to leave if the person wished
        to do so; or

   (c)  the official has given the person reasonable grounds for believing
        that the person would not be allowed to leave if he or she wished to
        do so; but a person is not treated as being arrested only because of
        this subsection if:

   (d)  the official is performing functions in relation to persons or goods
        entering Australia and the official does not believe that the person
        has committed a Commonwealth offence; or

   (e)  the official is exercising a power under a law of the Commonwealth to:

   (i)  detain and search the person; or

   (ii) to require the person to provide information or to answer questions.

"(3) Where a person who has been arrested for a Commonwealth offence is
remanded by a magistrate in respect of that offence, the person ceases to be
treated, for the purposes of this Part, as being under arrest for that
offence.

"(4) Where:

   (a)  a person is under arrest for a Commonwealth offence; and

   (b)  an investigating official believes on reasonable grounds that the
        person voluntarily takes part in covert investigations described in
        subsection (5); the person is taken, for all purposes, to cease to be
        under arrest for the offence, but this subsection does not prevent the
        person from being re-arrested for the offence.

"(5) Subsection (4) applies to covert investigations conducted by the
investigating official for the purpose of investigating whether a person other
than the arrested person has been involved in the commission of an offence or
suspected offence (whether a Commonwealth offence or not).

"(6) In this Part, a reference to questioning a person is a reference to
questioning the person, or carrying out an investigation (in which the person
participates), to investigate the involvement (if any) of the person in any
Commonwealth offence (including an offence for which the person is not under
arrest). Period of arrest

"23C. (1) If a person is lawfully arrested for a Commonwealth offence, the
following provisions apply.

"(2) The person may be detained for the purpose of investigating whether the
person committed the offence or any other Commonwealth offence, but must not
be detained for that purpose, or for purposes that include that purpose, after
the end of the investigation period prescribed by this section.

"(3) The person must be:

   (a)  released (whether unconditionally or on bail) within the investigation
        period; or

   (b)  brought before a magistrate within that period or, if it is not
        practicable to do so within that period, as soon as practicable after
        the end of that period.

"(4) For the purposes of this section, but subject to subsections (6) and (7),
the investigation period begins when the person is arrested, and ends at a
time thereafter that is reasonable, having regard to all the circumstances,
but does not extend beyond:

   (a)  if the person is or appears to be under 18, an Aboriginal person or a
        Torres Strait Islander - 2 hours; or

   (b)  in any other case - 4 hours; after the arrest, unless the period is
        extended under section 23D.

"(5) In ascertaining any period of time for the purposes of this section,
regard shall be had to the number and complexity of matters being
investigated.

"(6) If the person has been arrested more than once within any period of 48
hours, the investigation period for each arrest other than the first is
reduced by so much of any earlier investigation period or periods that
occurred within that 48 hours.

"(7) In ascertaining any period of time for the purposes of subsection (4) or
(6), the following times are to be disregarded:

   (a)  the time (if any) that is reasonably required to convey the person
        from the place at which the person is arrested to the nearest premises
        at which the investigating official has access to facilities for
        complying with this Part;

   (b)  any time during which the questioning of the person is suspended or
        delayed to allow the person, or someone else on the person's behalf,
        to communicate with a legal practitioner, friend, relative, parent,
        guardian, interpreter or other person as provided by this Part;

   (c)  any time during which the questioning of the person is suspended or
        delayed to allow such a legal practitioner, friend, relative, parent,
        guardian, interpreter or other person to arrive at the place where the
        questioning is to take place;

   (d)  any time during which the questioning of the person is suspended or
        delayed to allow the person to receive medical attention;

   (e)  any time during which the questioning of the person is suspended or
        delayed because of the person's intoxication;

   (f)  any time during which the questioning of the person is suspended or
        delayed to allow for an identification parade to be arranged and
        conducted;

   (g)  the time (if any) that is reasonably required to make and dispose of
        an application under section 23D;

   (h)  any reasonable time during which the questioning of the person is
        suspended or delayed to allow the person to rest or recuperate.

"(8) In any proceedings, the burden lies on the prosecution to prove that:

   (a)  the person was brought before a magistrate as soon as practicable; or

   (b)  any particular time was covered by a provision of subsection (7).
        Extension of investigation period

"23D. (1) If a person is under arrest for a serious offence, an investigating
official may, at or before the end of the investigation period, apply for an
extension of the investigation period.

"(2) The application must be made to:

   (a)  a magistrate; or

   (b)  if it cannot be made at a time when a magistrate is available - a
        justice of the peace employed in a court of a State or Territory or a
        bail justice; or

   (c)  if it cannot be made when any of the foregoing is available - any
        justice of the peace.

"(3) The application may be made before the judicial officer, or in writing,
or as prescribed by section 23E, and the person or his or her legal
representative may make representations to the judicial officer about the
application.

"(4) Subject to subsection (5), the judicial officer may extend the
investigation period if satisfied that:

   (a)  the offence is a serious offence; and

   (b)  further detention of the person is necessary to preserve or obtain
        evidence or to complete the investigation into the offence or into
        another serious offence; and

   (c)  the investigation into the offence is being conducted properly and
        without delay; and

   (d)  the person, or his or her legal representative, has been given the
        opportunity to make representations about the application.

"(5) The investigation period may be extended for a period not exceeding 8
hours, and must not be extended more than once.

"(6) In this section: `serious offence' means a Commonwealth offence that is
punishable by imprisonment for a period exceeding 12 months. Applications by
telephone etc.

"23E. (1) An application under section 23D for extension of the investigation
period may be made by telephone, radio or radio-telephone in accordance with
this section.

"(2) Before making the application, the investigating official must tell the
person under arrest that he or she, or his or her legal representative, may
make representations to the judicial officer about the application.

"(3) The judicial officer must, if satisfied as required by subsection 23D
(4):

   (a)  complete and sign a written authority to extend the investigation
        period, recording the following particulars:

   (i)  the date and time of granting the authority;

   (ii) the reasons for granting it;

   (iii) the terms of the extension; and

   (b)  inform the investigating official of those particulars.

"(4) As soon as practicable after receiving the authority, the investigating
official must:

   (a)  complete a form of authority and write on it the name of the judicial
        officer and the particulars given by the judicial officer; and

   (b)  forward it to the judicial officer.

"(5) If the form of authority completed by the investigating official does
not, in all material respects, accord with the terms of the authority signed
by the judicial officer, the authority granted by the judicial officer is
taken to have had no effect.

"(6) In any proceedings, if the authority signed by the judicial officer is
not produced in evidence, the burden lies on the prosecution to prove that the
authority was granted.

"(7) In this section: `judicial officer' means the magistrate or justice of
the peace, as the case may be, to whom the application is made under section
23D. Cautioning person under arrest

"23F. (1) Subject to subsection (3), if a person is under arrest for a
Commonwealth offence, an investigating official must, before starting to
question the person, caution the person that he or she does not have to say or
do anything, but that anything the person does say or do may be used in
evidence.

"(2) The caution must be given in, or translated into, a language in which the
person is able to communicate with reasonable fluency, but need not be given
in writing.

"(3) Subsections (1) and (2) do not apply so far as another law of the
Commonwealth requires the person to answer questions put by, or do things
required by, the investigating official. Right to communicate with friend,
relative and legal practitioner

"23G. (1) Subject to section 23L, if a person is under arrest for a
Commonwealth offence, an investigating official must, before starting to
question the person, inform the person that he or she may:

   (a)  communicate, or attempt to communicate, with a friend or relative to
        inform that person of his or her whereabouts; and

   (b)  communicate, or attempt to communicate, with a legal practitioner of
        the person's choice and arrange, or attempt to arrange, for a legal
        practitioner of the person's choice to be present during the
        questioning; and the investigating official must defer the questioning
        for a reasonable time to allow the person to make, or attempt to make,
        the communication and, if the person has arranged for a legal
        practitioner to be present, to allow the legal practitioner to attend
        the questioning.

"(2) Subject to section 23L, if a person under arrest for a Commonwealth
offence wishes to communicate with a friend, relative or legal practitioner,
the investigating official holding the person under arrest must:

   (a)  as soon as practicable, give the person reasonable facilities to
        enable the person to do so; and

   (b)  in the case of a communication with a legal practitioner - allow the
        legal practitioner or a clerk of the legal practitioner to communicate
        with the person in circumstances in which, as far as practicable, the
        communication will not be overheard.

"(3) Subject to section 23L, if a person under arrest for a Commonwealth
offence arranges for a legal practitioner to be present during the
questioning, the investigating official holding the person under arrest must:

   (a)  allow the person to consult with the legal practitioner in private and
        provide reasonable facilities for that consultation; and

   (b)  allow the legal practitioner to be present during the questioning and
        to give advice to the person, but only while the legal practitioner
        does not unreasonably interfere with the questioning. Aboriginal
        persons and Torres Strait Islanders

"23H. (1) Subject to section 23L, if the investigating official in charge of
investigating a Commonwealth offence believes on reasonable grounds that a
person who is under arrest and whom it is intended to question about the
offence is an Aboriginal person or a Torres Strait Islander, then, unless the
official is aware that the person has arranged for a legal practitioner to be
present during the questioning, the official must:

   (a)  immediately inform the person that a representative of an Aboriginal
        legal aid organisation will be notified that the person is under
        arrest for the offence; and

   (b)  notify such a representative accordingly.

"(2) Subject to subsection (7) and section 23L, if an investigating official:

   (a)  suspects that a person may have committed a Commonwealth offence, or
        is of the opinion that information received by investigating officials
        may implicate a person in the commission of a Commonwealth offence,
        and believes on reasonable grounds that the person is an Aboriginal
        person or a Torres Strait Islander; or

   (b)  believes on reasonable grounds that a person under arrest for a
        Commonwealth offence is an Aboriginal person or a Torres Strait
        Islander; the official must not question the person unless:

   (c)  an interview friend is present while the person is being questioned
        and, before the start of the questioning, the official has allowed the
        person to communicate with the interview friend in circumstances in
        which, as far as practicable, the communication will not be overheard;
        or

   (d)  the person has expressly and voluntarily waived his or her right to
        have such a person present.

"(3) An interview friend may be excluded from the questioning if he or she
unreasonably interferes with it.

"(4) In any proceedings, the burden lies on the prosecution to prove that an
Aboriginal person or Torres Strait Islander has waived the right referred to
in subsection (2), and the burden is not discharged unless the court is
satisfied that the person voluntarily waived that right, and did so with full
knowledge and understanding of what he or she was doing.

"(5) In any proceedings, the burden lies on the prosecution to prove that, at
the relevant time, a person under arrest for a Commonwealth offence had, to
the knowledge of the investigating official concerned, made an arrangement of
the kind referred to in subsection (1).

"(6) The rights conferred by this section are in addition to those conferred
by section 23G but, to the extent (if any) that compliance with this section
results in compliance with section 23G, the requirements of section 23G are
satisfied.

"(7) If the person is under 18, subsection (2) does not apply and section 23K
applies.

"(8) An investigating official is not required to comply with subsection (1)
or (2) in respect of a person if the official believes on reasonable grounds
that, having regard to the person's level of education and understanding, the
person is not at a disadvantage in respect of the questioning referred to in
that subsection in comparison with members of the Australian community
generally.

"(9) In this section: `interview friend', in relation to a person to whom
subsection (2) applies, means:

   (a)  a relative or other person chosen by the person; or

   (b)  a legal practitioner acting for the person; or

   (c)  a representative of an Aboriginal legal aid organisation; or

   (d)  a person whose name is included in the relevant list maintained under
        subsection 23J (1). Lists of interview friends and interpreters

"23J. (1) The Minister must, so far as is reasonably practicable, establish
and update at such intervals as the Minister thinks appropriate, a list, in
relation to a region where there are likely to be persons under arrest and
under investigation for Commonwealth offences, of the names of persons (not
being constables) who:

   (a)  are suitable to help Aboriginal persons or Torres Strait Islanders
        under arrest and under investigation for Commonwealth offences; and

   (b)  are willing to give such help in that region.

"(2) In establishing and maintaining a list in relation to a region, the
Minister or his or her delegate must, from time to time, consult with any
Aboriginal legal aid organisation providing legal assistance to Aboriginal
persons or Torres Strait Islanders in that region.

"(3) The Minister must, so far as is reasonably practicable, establish and
update at such intervals as the Minister thinks appropriate, a list, in
relation to such a region, of the names of persons who are able and willing to
act as interpreters for Aboriginal persons or Torres Strait Islanders who:

   (a)  because of inadequate knowledge of the English language, or a physical
        disability, are unable to communicate orally with reasonable fluency
        in that language; and

   (b)  are under arrest and under investigation in that region for
        Commonwealth offences.

"(4) The list of names referred to in subsection (3) must, so far as is
reasonably practicable, specify the languages that each person on the list is
able to understand and converse in.

"(5) The Minister may, in writing, delegate to an officer of the Department
all or any of the powers of the Minister under this section. Persons under 18

"23K. (1) Subject to section 23L, if an investigating official:

   (a)  suspects that a person may have committed a Commonwealth offence, or
        is of the opinion that information received by investigating officials
        may implicate a person in the commission of a Commonwealth offence,
        and also believes on reasonable grounds that the person is under 18;
        or

   (b)  believes on reasonable grounds that a person under arrest for a
        Commonwealth offence is under 18; the official must not question the
        person unless an interview friend is present while the person is being
        questioned and, before the start of the questioning, the official has
        allowed the person to communicate with the interview friend in
        circumstances in which, as far as practicable, the communication will
        not be overheard.

"(2) An interview friend may be excluded from the questioning if he or she
unreasonably interferes with it.

"(3) In this section: `interview friend', in relation to a person to whom
subsection (1) applies, means:

   (a)  a parent or guardian of the person or a legal practitioner acting for
        the person; or

   (b)  if none of the previously mentioned persons is available - a relative
        or friend of the person who is acceptable to the person; or

   (c)  if the person is an Aboriginal person or a Torres Strait Islander and
        none of the previously mentioned persons is available - a person whose
        name is included in the relevant list maintained under subsection 23J
        (1); or

   (d)  if no person covered by paragraph (a), (b) or (c) is available - an
        independent person.

"(4) The rights conferred by this section are in addition to those conferred
by section 23G but, so far as compliance with this section results in
compliance with section 23G, the requirements of section 23G are satisfied.
Exceptions

"23L. (1) Subject to subsections (2), (3) and (4), if a requirement imposed on
an investigating official by this Part is expressed as being subject to this
section, the requirement does not apply if, and for so long as, the official
believes on reasonable grounds that:

   (a)  compliance with the requirement is likely to result in:

   (i)  an accomplice of the person taking steps to avoid apprehension; or

   (ii) the concealment, fabrication or destruction of evidence or the
        intimidation of a witness; or

   (b)  if the requirement relates to the deferral of questioning - the
        questioning is so urgent, having regard to the safety of other people,
        that it should not be delayed by compliance with that requirement.

"(2) If the application of subsection (1) results in:

   (a)  preventing or delaying the person from communicating with a legal
        practitioner of his or her choice; or

   (b)  preventing or delaying a legal practitioner of the person's choice
        from attending at any questioning; the investigating official must
        offer the services of another legal practitioner and, if the person
        accepts, make the necessary arrangements.

"(3) Where a requirement referred to in subsection (1) relates to things done
by or in relation to a legal practitioner:

   (a)  subsection (1) applies only in exceptional circumstances; and

   (b)  if subsection (1) applies, the investigating official must comply with
        the requirement as soon as possible after subsection (1) ceases to
        apply.

"(4) Where a requirement referred to in subsection (1) relates to things done
by or in relation to a legal practitioner, subsection (1) applies only if:

   (a)  an officer of a police force of the rank of Superintendent or higher;
        or

   (b)  the holder of an office prescribed for the purposes of this section,
        other than an office in a police force; has authorised the application
        of subsection (1) and has made a record of the investigating
        officials' grounds for belief. Provision of information relating to a
        person under arrest

"23M. Subject to section 23L, if:

   (a)  a person is under arrest for a Commonwealth offence; and

   (b)  a relative, friend or legal representative of the person requests
        information as to the whereabouts of the person; an investigating
        official must inform the person under arrest of the request and, after
        doing so, must provide that information to the person who made the
        request unless:

   (c)  the person under arrest does not agree to the provision of that
        information; or

   (d)  the investigating official believes on reasonable grounds that the
        person requesting the information is not a relative, friend or legal
        representative of the person under arrest. Right to interpreter

"23N. Where an investigating official believes on reasonable grounds that a
person under arrest for a Commonwealth offence is unable, because of
inadequate knowledge of the English language or a physical disability, to
communicate orally with reasonable fluency in that language, the official
must, before starting to question the person, arrange for the presence of an
interpreter and defer the questioning or investigation until the interpreter
is present. Right of foreign national to communicate with consular office

"23P. (1) Subject to section 23L, if a person under arrest for a Commonwealth
offence is not an Australian citizen, the investigating official holding the
person under arrest must, before starting to question the person:

   (a)  inform the person that he or she may communicate with, or attempt to
        communicate with, the consular office of the country of which the
        person is a citizen; and

   (b)  defer the questioning for a reasonable time to allow the person to
        make, or attempt to make, the communication.

"(2) Subject to section 23L, if the person wishes to communicate with a
consular office, the investigating official holding the person under arrest
must, as soon as practicable, give the person reasonable facilities to do so.
Treatment of persons under arrest

"23Q. A person who is under arrest must be treated with humanity and with
respect for human dignity, and must not be subjected to cruel, inhuman or
degrading treatment. No power to make arrests

"23R. To avoid doubt, it is declared that this Part does not confer any power
to arrest a person or to detain a person who has not been lawfully arrested.
Right to remain silent etc. not affected

"23S. Nothing in this Part affects:

   (a)  the right of a person to refuse to answer questions or to participate
        in an investigation except where required to do so by or under an Act;
        or

   (b)  the burden on the prosecution to prove the voluntariness of an
        admission or confession made by a person; or

   (c)  the discretion of a court to exclude unfairly obtained evidence; or

   (d)  the discretion of a court to exclude illegally or improperly obtained
        evidence. Acts authorised under other laws

"23T. Nothing in this Part prevents an investigating official from asking or
causing a person to do a particular thing that the official is authorised to
ask or cause the person to do under:

   (a)  another law of the Commonwealth; or

   (b)  a provision of a law of the Australian Capital Territory. Tape
        recording of information required to be given to person under arrest

"23U. (1) If a person is under arrest for a Commonwealth offence, an
investigating official who is required by this Part to give the person under
arrest certain information (including a caution) must tape record, if
practicable, the giving of that information and the person's responses (if
any).

"(2) In any proceedings, the burden lies on the prosecution to prove whether
it was practicable to tape record the giving of that information and the
person's responses (if any). Tape recording of confessions and admissions

"23V. (1) If a person who is being interviewed as a suspect (whether under
arrest or not) makes a confession or admission to an investigating official,
the confession or admission is inadmissible as evidence against the person in
proceedings for any Commonwealth offence unless:

   (a)  if the confession or admission was made in circumstances where it was
        reasonably practicable to tape record the confession or admission -
        the questioning of the person and anything said by the person during
        that questioning was tape recorded; or

   (b)  in any other case:

   (i)  at the time of the interview of the person or as soon as practicable
        afterwards, a record in writing was made, either in English or in
        another language used by the person in the interview, of the things
        said by or to the person in the course of the interview; and

   (ii) as soon as practicable after the record was made, it was read to the
        person in the language used by him or her in the interview and a copy
        of the record was made available to the person; and

   (iii) the person was given the opportunity to interrupt the reading at any
        time for the purpose of drawing attention to any error or omission
        that he or she claimed had been made in or from the record and, at the
        end of the reading, the person was given the opportunity to state
        whether he or she claimed that there were any errors in or omissions
        from the record in addition to any to which he or she had drawn
        attention in the course of the reading; and

   (iv) a tape recording was made of the reading referred to in subparagraph
        (ii) and of everything said by or to the person as a result of
        compliance with subparagraph (iii), and the requirements of subsection
        (2) were observed in respect of that recording; and

   (v)  before the reading referred to in subparagraph (ii), an explanation,
        in accordance with the form in the Schedule, was given to the person
        of the procedure that would be followed for the purposes of compliance
        with that subparagraph and subparagraphs (iii) and (iv).

"(2) If the questioning, confession or admission, or the confirmation of a
confession or admission, of a person is recorded as required under this
section, the investigating official must, without charge:

   (a)  if the recording is an audio recording only or a video recording only
        - make the recording or a copy of it available to the person or his or
        her legal representative within 7 days after the making of the
        recording; and

   (b)  if both an audio recording and a video recording were made - make the
        audio recording or a copy of it available to the person or his or her
        legal representative within 7 days after the making of the recording,
        and notify the person or his or her legal representative that an
        opportunity will be provided, on request, for viewing the video
        recording; and

   (c)  if a transcript of the tape recording is prepared - make a copy of the
        transcript available to the person or his or her legal representative
        within 7 days after the preparation of the transcript.

"(3) Where a confession or admission is made to an investigating official who
was, at the time when it was made, engaged in covert investigations under the
orders of a superior, this section applies as if the acts required by
paragraph (1) (b) and subsection (2) to be performed were required to be
performed by the official at a time when they could reasonably be performed
without prejudice to the covert investigations.

"(4) Despite any arrangement made under the Commonwealth Places (Application 
of Laws) Act 1970 or the Crimes at Sea Act 1979, this section applies to any
offence under a law applied by either of those Acts if the investigating
official is a member or special member of the Australian Federal Police.

"(5) A court may admit evidence to which this section applies even if the
requirements of this section have not been complied with, or there is
insufficient evidence of compliance with those requirements, if, having regard
to the nature of and the reasons for the non-compliance or insufficiency of
evidence and any other relevant matters, the court is satisfied that, in the
special circumstances of the case, admission of the evidence would not be
contrary to the interests of justice.

"(6) A court may admit evidence to which this section applies even if a
provision of subsection (2) has not been complied with if, having regard to
the reasons for the non-compliance and any other relevant matters, the court
is satisfied that it was not practicable to comply with that provision.

"(7) If a judge permits evidence to be given before a jury under subsection
(5) or (6), the judge must inform the jury of the non-compliance with the
requirements of this section, or of the absence of sufficient evidence of
compliance with those requirements, and give the jury such warning about the
evidence as he or she thinks appropriate in the circumstances. Proof of belief

"23W. In any proceedings, the burden lies on the prosecution to prove that an
investigating official had a belief on reasonable grounds as to a matter
referred to in this Part.".