Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 85

85. (1) This section applies only in a criminal proceeding and only to
evidence of an admission made by a defendant:

   (a)  in the course of official questioning; or

   (b)  as a result of an act of another person who is capable of influencing
        the decision whether a prosecution of the defendant should be brought
        or should be continued.

(2) Evidence of the admission is not admissible unless the circumstances in
which the admission was made were such as to make it unlikely that the truth
of the admission was adversely affected.

(3) Without limiting the matters that the court may take into account for the
purposes of subsection (2), it is to take into account:

   (a)  any relevant condition or characteristic of the person who made the
        admission, including age, personality and education and any mental,
        intellectual or physical disability to which the person is or appears
        to be subject; and

   (b)  if the admission was made in response to questioning:

        (i)    the nature of the questions and the manner in which they were
               put; and

        (ii)   the nature of any threat, promise or other inducement made to
               the person questioned.