85AAdmission in serious offence

### 85A Admission in serious offence > > (1)  Evidence of an admission in a proceeding for a serious offence made by a defendant during official questioning is not admissible unless – > > > > > > (a) [*\[Section 85A Subsection (1) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpa@EN) there is available to the court an audio visual record of an interview with the defendant in the course of which the admission was made; or > > > > > > > (b) [*\[Section 85A Subsection (1) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpb@EN) if the prosecution proves on the balance of probabilities that there was a reasonable explanation as to why an audio visual record referred to in [paragraph (a)](#GS85A@Gs1@Hpa@EN) could not be made, there is available to the court an audio visual record of an interview with the defendant about the making and terms of the admission or the substance of the admission in the course of which the defendant states that he or she made an admission in those terms or confirms the substance of the admission; or > > > > > > > (c) [*\[Section 85A Subsection (1) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpc@EN) the prosecution proves on the balance of probabilities that there was a reasonable explanation as to why an audio visual record referred to in [paragraph (a)](#GS85A@Gs1@Hpa@EN) or [(b)](#GS85A@Gs1@Hpb@EN) could not be made; or > > > > > > > (d) the court is satisfied that there are exceptional circumstances which, in the interests of justice, justify the admission of the evidence. > > > (2)  A reasonable explanation includes but is not limited to any of the following: > > > > > > (a) [*\[Section 85A Subsection (2) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpd@EN) the admission was made when it was not practicable to make an audio visual record of it; > > > > > > > (b) [*\[Section 85A Subsection (2) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpe@EN) equipment to make an audio visual record of the interview could not be obtained while it was reasonable to detain the defendant; > > > > > > > (c) [*\[Section 85A Subsection (2) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpf@EN) the defendant did not consent to an audio visual record being made of the interview; > > > > > > > (d) [*\[Section 85A Subsection (2) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003\]*](/view/html/inforce/2003-12-15/act-2003-069#JS1@Ja5@GC3@Hpg@EN) the equipment used to make an audio visual record of the interview malfunctioned. > > > (3)  This section applies only to an admission in the course of official questioning by a defendant who, at the time of making the admission was, or ought reasonably to have been, suspected by an investigating official of having committed the offence. > > > > | Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |