South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 74E

74E—Admissibility of evidence of interview

        (1)         In proceedings for an indictable offence, evidence of an interview between an investigating officer and the defendant is inadmissible against the defendant unless—

            (a)         the investigating officer complied with this Division; or

            (b)         the court is satisfied that the interests of justice require the admission of the evidence despite the investigating officer's non-compliance.

        (2)         If, in the course of a trial by jury, the court admits evidence of an interview under subsection (1)(b), the court must—

            (a)         draw the jury's attention to the non-compliance by the investigating officer; and

            (b)         give an appropriate warning in view of the non-compliance,

unless the court is of the opinion that the non-compliance was trivial.



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