Section 86 — Evidence Act 1995 (Cth)

(1) This section applies only in a criminal proceeding and only if an oral admission was made by a defendant to an investigating official in response to a question put or a representation made by the official.

(2) A document prepared by or on behalf of the official is not admissible to prove the contents of the question, representation or response unless the defendant has acknowledged that the document is a true record of the question, representation or response.

(3) The acknowledgment must be made by signing, initialling or otherwise marking the document.

(4) In this section:

document does not include:

(a) a sound recording, or a transcript of a sound recording; or

(b) a recording of visual images and sounds, or a transcript of the sounds so recorded.

Related sections

• s 83 — Exclusion of evidence of admissions as against third parties
• s 84 — Exclusion of admissions influenced by violence and certain other conduct
• s 85 — Criminal proceedings: reliability of admissions by defendants
• s 87 — Admissions made with authority
• s 88 — Proof of admissions
• s 89 — Evidence of silence

Research how courts apply s 86

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