Victorian Consolidated Legislation

Evidence Act 2008 - SECT 86

Exclusion of records of oral questioning

86. Exclusion of records of oral questioning



(1) This section applies only in a criminal proceeding and only if an oral
admission was made by a defendant to an investigating official in response to
a question put or a representation made by the official.

(2) A document prepared by or on behalf of the official is not admissible to
prove the contents of the question, representation or response unless the
defendant has acknowledged that the document is a true record of the question,
representation or response.

(3) The acknowledgement must be made by signing, initialling or otherwise
marking the document.







(4) In this section, document does not include-

   (a)  a sound recording, or a transcript of a sound recording; or

   (b)  a recording of visual images and sounds, or a transcript of the sounds
        so recorded.