Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 265

265 Admissibility of evidence obtained under Crime and Corruption Act 2001

(1) An answer, document, thing or statement mentioned in the Crime and Corruption Act 2001 , section 197 (1) is admissible as evidence in a proceeding, other than a proceeding for the prosecution of an offence, under this Act only with the court’s leave.

Note—

See the Crime and Corruption Act 2001 , section 395 (2) in relation to the answers, documents, things and statements, and proceedings, to which this section applies.

(2) The court may give the leave unless the court considers the unfairness to the respondent in a criminal proceeding that may be caused by admitting the evidence outweighs its probative value in the proceeding under this Act.

(3) In deciding whether admitting the evidence may cause unfairness to the respondent in a criminal proceeding, the court must consider—

(a) whether the use of the evidence in the proceeding under this Act may prejudice a fair trial of the respondent for an offence for which the respondent has been, or may be, charged; and

(b) whether there is any action it can take to prevent or limit the unfairness to the respondent.

Examples of action court may take—

• holding the proceeding, or a part of it, in private

• making an order prohibiting or restricting the publication of all or part of the records of the proceeding, or the whole or part of the judgment in the proceeding

(4) Subsection (3) does not limit the matters the court may consider in deciding whether admitting the evidence may cause unfairness to the respondent.