confirmed by the person questioned and the confirmation was recorded by audio recording or audiovisual recording; or (f) if the confession or admission was made S. 464H(1)(f) inserted by during questioning in accordance with an No. 86/2000 order made under section 464B(5), the s. 6(1)(b), amended by questioning and anything said by the person No. 27/2006 was recorded by audiovisual recording— s. 17(6)(b). and, if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence. (2) A court may admit evidence of a confession or admission otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances— (a) are exceptional; and (b) justify the reception of the evidence. (3) If the questioning or confession or admission, or S. 464H(3) amended by the confirmation of a confession or admission, of No. 86/2000 a person is recorded as required under this section s. 6(2)(a). or the giving of information is recorded as required under section 464B(5H) or 464G, the investigating official must give to the person or his or her legal practitioner without charge— (a) if either an audio recording or an audiovisual S. 464H(3)(a) amended by recording was made, a copy of that recording Nos 86/2000 as soon as practicable but not later than s. 6(2)(b), 27/2006 7 days after the recording was made; and s. 17(7)(a), substituted by No. 87/2009 s. 3(2).
confirmed by the person questioned and the confirmation was recorded by audio recording or audiovisual recording; or S. 464H(1)(f) inserted by No. 86/2000 s. 6(1)(b), amended by No. 27/2006 s. 17(6)(b). (f) if the confession or admission was made during questioning in accordance with an order made under section 464B(5), the questioning and anything said by the person was recorded by audiovisual recording— and, if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence. (2) A court may admit evidence of a confession or admission otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances— (a) are exceptional; and (b) justify the reception of the evidence. S. 464H(3) amended by No. 86/2000 s. 6(2)(a). (3) If the questioning or confession or admission, or the confirmation of a confession or admission, of a person is recorded as required under this section or the giving of information is recorded as required under section 464B(5H) or 464G, the investigating official must give to the person or his or her legal practitioner without charge— S. 464H(3)(a) amended by Nos 86/2000 s. 6(2)(b), 27/2006 s. 17(7)(a), substituted by No. 87/2009 s. 3(2). (a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and
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