s. 464J 464J Right to remain silent etc. not affected S. 464J inserted by Nothing in this subdivision affects— No. 37/1988 s. 5, (a) the right of a person suspected of having amended by No. 84/1989 committed an offence to refuse to answer s. 6. questions or to participate in investigations except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or (ba) the onus on the prosecution to prove that an S. 464J(ba) inserted by admission or confession was made in such No. 69/2009 circumstances as to make it unlikely that the s. 50. truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. 464JA Offences in relation to recordings S. 464JA inserted by No. 87/2009 (1) In this section— s. 4. means— S. 464JA authorised person def. of authorised (a) a member of police personnel within person the meaning of the Police Regulation amended by Nos 64/2010 Act 1958 (other than a protective s. 3(1), services officer appointed under 43/2012 s. 3(Sch. Part VIA of that Act); item 11.2), 82/2012 (b) a person or body engaged to provide s. 159(1). services to Victoria Police in relation to the installation or maintenance of recording equipment;
S. 464J inserted by No. 37/1988 s. 5, amended by No. 84/1989 s. 6. 464J Right to remain silent etc. not affected s. 464J Nothing in this subdivision affects— (a) the right of a person suspected of having committed an offence to refuse to answer questions or to participate in investigations except where required to do so by or under an Act or a Commonwealth Act; or (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or S. 464J(ba) inserted by No. 69/2009 s. 50. (ba) the onus on the prosecution to prove that an admission or confession was made in such circumstances as to make it unlikely that the truth of the admission or confession was adversely affected; or (c) the discretion of a court to exclude unfairly obtained evidence; or (d) the discretion of a court to exclude illegally or improperly obtained evidence. S. 464JA inserted by No. 87/2009 s. 4. 464JA Offences in relation to recordings (1) In this section— S. 464JA def. of authorised person amended by Nos 64/2010 s. 3(1), 43/2012 s. 3(Sch. item 11.2), 82/2012 s. 159(1). authorised person means— (a) a member of police personnel within the meaning of the Police Regulation Act 1958 (other than a protective services officer appointed under Part VIA of that Act); (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;
58-6231a240.docx