South Australian Current Acts

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CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 - SECT 48

48—Admissibility of evidence of denial of consent, obstruction etc

        (1)         Evidence that a person refused or failed to give consent, or withdrew consent, to a forensic procedure, or refused consent under section 43, is inadmissible, without the consent of the person, in any criminal proceedings against the person.

        (2)         However, evidence that a person obstructed or resisted the carrying out of a suspects procedure or an offenders procedure authorised under this Act is admissible in any criminal proceedings against the person subject to the ordinary rules governing the admissibility of evidence.



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