Victorian Current Acts Victorian Current ActsS. 464H(1) amended by Nos 86/2000 s. 6(1)(c), 27/2006 s. 17(6)(c), 87/2009 s. 3(1).
(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—
S. 464H(1)(c) amended by No. 27/2006 s. 17(6)(a).
(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
S. 464H(1)(d) amended by No. 27/2006 s. 17(6)(a).
(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
S. 464H(1)(e) amended by Nos 86/2000 s. 6(1)(a), 27/2006 s. 17(6)(a).
(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
S. 464H(1)(f) inserted by No. 86/2000 s. 6(1)(b), amended by No. 27/2006 s. 17(6)(b).
(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, if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the 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.
S. 464H(3) amended by No. 86/2000 s. 6(2)(a).
(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—
S. 464H(3)(a) amended by Nos 86/2000 s. 6(2)(b), 27/2006 s. 17(7)(a), substituted by No. 87/2009 s. 3(2).
(a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and
S. 464H(3)(b) amended by Nos 86/2000 s. 6(2)(b), 27/2006 s. 17(7)(b), substituted by No. 87/2009 s. 3(2).
(b) if both an audio recording and an audiovisual recording were made—
(i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and
(ii) if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and
S. 464H(3)(c) inserted by No. 87/2009 s. 3(2).
(c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made.
S. 464H(3A) inserted by No. 87/2009 s. 3(3).
(3A) On request by a person charged with an offence or the legal practitioner representing that person, the investigating official must provide an additional copy of the audiovisual recording referred to in subsection (3).
S. 464H(4) amended by Nos 86/2000 s. 6(3), 27/2006 s. 17(8).
(4) Nothing in this section prevents the use of an audio recording or audiovisual recording in a proceeding for a summary offence.
S. 464I inserted by No. 37/1988 s. 5, amended by No. 86/2000 s. 8(2).