Thursday, December 13, 2012

CRIMES ACT 1958 - SECT 464J - RIGHT TO REMAIN SILENT NOT AFFECTED

464J. Right to remain silent etc. not affected

Nothing in this subdivision affects-

   (a)  the right of a person suspected of having committed an offence to
        refuse to answer questions or to participate in investigations except
        where required to do so by or under an Act or a Commonwealth Act; or

   (b)  the onus on the prosecution to establish the voluntariness of an
        admission or confession made by a person suspected of having committed
        an offence; or

   (ba) the onus on the prosecution to prove that an admission or confession
        was made in such circumstances as to make it unlikely that the truth
        of the admission or confession was adversely affected; 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.
http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s464j.html

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