Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 86

86 .         Court may admit inadmissible evidence

        (1)         This section applies if under another section a court may make a decision under this section in relation to evidence that is not admissible in proceedings in the court.

        (2)         The court may decide to admit the evidence if it is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting the evidence.

        (3)         In making a decision under subsection (2) the court is to take into account —

            (a)         any objection to the evidence being admitted by the person against whom the evidence may be given;

            (b)         the seriousness of the offence in respect of which the evidence is relevant;

            (c)         the seriousness of any contravention of this Act in obtaining the evidence;

            (d)         whether any contravention of this Act in obtaining the evidence was intentional or reckless;

            (e)         whether any contravention of this Act in obtaining the evidence arose from an honest and reasonable mistake of fact;

            (f)         the probative value of the evidence;

            (g)         any other matter the court thinks fit.

        (4)         The probative value of the evidence does not by itself justify its admission.