Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101J

Admissibility of confessional evidence

  (1)   Evidence of a confession made by a person in the presence of an investigating officer is not admissible in proceedings against the person for a service offence unless the service tribunal or, in the case of a court martial, the judge advocate of the court martial, is satisfied that the confession was made voluntarily.

  (2)   For the purposes of subsection   (1), a confession that is obtained from a person in consequence of:

  (a)   the use of physical violence, or a threat of physical violence, to any person; or

  (b)   the making of a promise, threat or other inducement (not being physical violence or a threat of physical violence) likely to cause the person to make a confession that is untrue;

shall be deemed not to be made voluntarily.



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