Victorian Consolidated Legislation

Crimes Act 1958 - SECT 464H

Recording of confessions and admissions

464H. Recording of confessions and admissions









(1) Subject to subsection (2), evidence of a confession or admission made to
an investigating official by a person who-

   (a)  was suspected; or

   (b)  ought reasonably to have been suspected-

of having committed an offence is inadmissible as evidence against the person
in proceedings for an indictable offence unless-

   (c)  if the confession or admission was made before the commencement of
        questioning, the confession or admission was recorded by audio
        recording or audiovisual recording, or the substance of the confession
        or admission was confirmed by the person and the confirmation was
        recorded by audio recording or audiovisual recording; or

   (d)  if the confession or admission was made during questioning at a place
        where facilities were available to conduct an interview, the
        questioning and anything said by the person questioned was recorded by
        audio recording or audiovisual recording; or

   (e)  if the confession or admission was made during questioning at a place
        where facilities were not available to conduct an interview, the
        questioning and anything said by the person questioned was recorded by
        audio recording or audiovisual recording, or the substance of the
        confession or admission was confirmed by the person questioned and the
        confirmation was recorded by audio recording or audiovisual recording;
        or

   (f)  if the confession or admission was made during questioning in
        accordance with an order made under section 464B(5), the questioning
        and anything said by the person was recorded by audiovisual recording-

and the recording (whether audio recording or audiovisual recording) is
available to be tendered in evidence.

(2) A court may admit evidence of a confession or admission otherwise
inadmissible by reason of subsection (1) if the person seeking to adduce the
evidence satisfies the court on the balance of probabilities that the
circumstances-

   (a)  are exceptional; and

   (b)  justify the reception of the evidence.

(3) If the questioning or confession or admission, or the confirmation of a
confession or admission, of a person is recorded as required under this
section or the giving of information is recorded as required under section
464B(5H) or 464G, the investigating official must give to the person or his or
her legal practitioner without charge-

   (a)  the recording (whether audio recording or audiovisual recording) or a
        copy of it within 7 days; and



   (b)  if a transcript of the recording is prepared, a copy of the
        transcript.





(4) Nothing in this section prevents the use of an audio recording or
audiovisual recording in a proceeding for a summary offence.