Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 83

83 .         Evidence obtained illegally

        (1)         This section applies to the following evidence —

            (a)         anything taken (including a print, photograph, sample, impression or record) in the course of an identifying procedure; and

            (b)         any evidence derived from a thing referred to in paragraph (a) or the procedure.

        (2)         This section does not apply to evidence to which section 84 applies.

        (3)         If —

            (a)         an identifying procedure is done on a person; and

            (b)         any requirement of this Act in relation to doing the procedure, including a requirement that arises before or after the actual procedure, is contravened,

                evidence to which this section applies is not admissible in any criminal proceedings against the person in a court unless —

            (c)         the person does not object to the admission of the evidence; or

            (d)         the court decides otherwise under section 86; or

            (e)         the court is of the opinion that the contravention arose out of a mistaken but reasonable belief as to whether a person was a protected person.

        [Section 83 amended: No. 59 of 2006 s. 39.]