Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23YA

Admissibility of evidence relating to carrying out of forensic procedure

    In spite of subsection   23XX(4), evidence of how a forensic procedure was carried out is admissible in proceedings against the 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 determine the admissibility of a confession or admission or other evidence adverse to the person where 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 Division   6.



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