Australian Capital Territory Current Acts

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CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 88

Admissibility of evidence relating to carrying out of forensic procedures

Despite section 85 (4) (Inadmissibility of evidence from improper forensic procedures etc), evidence of how a forensic procedure was carried out is admissible in a proceeding against a person in a court—

        (a)     to establish or rebut an allegation that unreasonable force was used to enable the procedure to be carried out; or

        (b)     to decide the admissibility of a confession or admission or other evidence adverse to the person if the person alleges that the evidence was induced or obtained by the use of unreasonable force; or

        (c)     to establish or rebut an allegation that the forensic procedure was not carried out in accordance with part 2.6 (Carrying out forensic procedures).



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