Section 85 — Evidence Act 1995 (NSW)

(1) This section applies only in a criminal proceeding and only to evidence of an admission made by a defendant—
(a) to, or in the presence of, an investigating official who at that time was performing functions in connection with the investigation of the commission, or possible commission, of an offence, or
(b) as a result of an act of another person who was, and who the defendant knew or reasonably believed to be, capable of influencing the decision whether a prosecution of the defendant should be brought or should be continued.
(2) Evidence of the admission is not admissible unless the circumstances in which the admission was made were such as to make it unlikely that the truth of the admission was adversely affected.
(3) Without limiting the matters that the court may take into account for the purposes of subsection (2), it is to take into account—
(a) any relevant condition or characteristic of the person who made the admission, including age, personality and education and any mental, intellectual or physical disability to which the person is or appears to be subject, and
(b) if the admission was made in response to questioning—
(i) the nature of the questions and the manner in which they were put, and
(ii) the nature of any threat, promise or other inducement made to the person questioned.

Related sections

• s 82 — Exclusion of evidence of admissions that is not first-hand
• s 83 — Exclusion of evidence of admissions as against third parties
• s 84 — Exclusion of admissions influenced by violence and certain other conduct
• s 86 — Exclusion of records of oral questioning
• s 87 — Admissions made with authority
• s 88 — Proof of admissions

Research how courts apply s 85

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.