Admission Summary

Question 1

What is an admission?

Answer 1

ADMISSION means a previous representation that is;
A) made by a person who is or becomes party to a proceeding, and
B) adverse to the person’s interest in the outcome of the proceeding.

Question 2

A representation is simply:

Answer 2

• Something said or spoken
• Something that is written
• Something that is inferred from a persons conduct (bodily gestures)

These admissions can include evidence of;

1) Flight
2) Lies

Question 3

Admissions as hearsay - how do they assist?

Answer 3

To get evidence that a defendant has made an admission in the hope the court will accept the admission as being truth.

Suspect, ‘I stole the car’

Question 4

Is an admission an exception to the hearsay rule?

Answer 4

YES - Section 81 evidence act - exceptions to the hearsay rule.

Suspect to Officer -, ‘i killed her.’

But for section 81, that representation would be hearsay if we wanted to rely on the officer to give evidence of it to assert the truth of its contents.

Question 5

What are the Mandatory Rules of Exclusion?

Answer 5

Rule 1: Section 84 (Evidence act)
To ensure that all admissions are volunteered by the accused. (Not coerced by violence or threat)

Rule 2: Section 85 (Evidence act)
To ensure the reliability of the admissions made by the accused. (Considerations on the accused persons; age, personality, education, mental/physical/intellectual disability IE -vulnerable persons) The manner of questions, offers or inducements are also considerations.

Question 6

The court has a series of powers under the Evidence Act 1995 to exclude evidence.

What are the general discretionary rules of exclusion?

Answer 6

Evidence Act 1995
S135 - The probative value is outweighed by it being unfair, misleading, confusing or waste of time.
S136 - Limit use of evidence if it is prejudicial, misleading or confusing.
S137 - Probative value outweighed by unfair prejudice.
S138 - improper or illegally obtained evidence.
S139(1) - evidence of a statement or act being improperly obtained.

Question 7

What is Official Questioning?

Answer 7

Official Questioning is Questioning by an investigating official in connection with the investigation of the commission or possible commission of an offence.

Question 8

The court has the discretion to exclude admissions in accordance with Section 90 of the Evidence Act on what basis?

Answer 8

Section 90 of the evidence act is a General Fairness Provision.

It considers that having regard to the circumstances in which the admission were made, it would be unfair to use them.

Question 9

Section 82 of the Evidence Act relates to admissions that are not perceived first hand. Should the court exclude them?

Answer 9

YES - admissions that are not percieved first hand will be excluded. Evidence through a third party is insufficient. Only a first person perceiving or the person making the admission can provide evidence of the admission. And it is still subject to the other rules of evidence.

Question 10

Section 83 Exclusion of admissions against 3rd parties; relates to admissions made by one suspect regarding another. Can they be used as evidence.

Answer 10

Admissions made by one suspect regarding another can only be used by the prosecution with the consent of both co-accused persons.

Question 11

Section 86 of the Evidence Act relates to the Exclusion of records of Oral Questioning. What must be done in order for a document prepared containing the questions and accused person’s representations to be admissible?

Answer 11

The defendant must have acknowledged that the document is a true record of the question, representation or response.

This acknowledgement must be made by signing, initially or otherwise marking the document.

Question 12

Section 281 of the Criminal Procedure Act 1986 relates to the requirements regarding admissions for all Table 1 and Strictly Indictable matters. In order to ensure their admissibility what must be done?

Answer 12

Admissions made by a defendant for a Table 1 or SIO offence must be electronically recorded (this can include audio or audio and video)

Unless the prosecution can satisfy a reasonable excuse as to why that electronic recording could be made. These include; - mechanical failure, refusal by the person to be electronically recorded & the lack of availability of equipment within a reasonable time period.

Question 13

Section 88 of the Evidence act specifies that before considering accepting any admission the court is to find what?

Answer 13

The court is to find that a particular person made an admission if it is reasonably open to find that he or she made the admission.

The court must be firstly satisfied that the admission was made by the accused before any of the exclusionary rules may apply.

Question 14

Section 89 of the Evidence act relates to the evidence of silence.

Can a court draw an unfavourable inference from evidence of silence?

Answer 14

NO: An inference must not be drawn from evidence that the person failed or refused to answer
-to one or more questions.
-to respond to a representation
Made by the investigating official.

Question 15

Case law helps guide the necessity for the ‘Adoption’ process at the end of an interview.

What is an example of this case law?

And what are three essential components to help ensure admissibility of the interview in this case?

Answer 15

Case law:
McDERMOTT v The King (Crowne) 1948

Three components:

• The contents of the ROI were brought to the attention of the accused.
• The accused understood the contents.
• The defendant acknowledged the accuracy of the ROI.

Question 16

What is an inducement as specified in Thompson 1983?

Answer 16

Inducement - A persuasion aimed a producing a willing action.

Question 17

How do you remove an inducement?

Answer 17

As an independent with the defendant;

• Refer to the date, time & place of the statement.
• Ascertain if others were present.
• Refer to the actual words of the representation made.
• Ask their meaning to the interviewee
• Ensure it has not affected the truth of the statement and no longer acts on the interviewee’s mind.

Question 18

What are three main principals that govern admissions from

child suspects?

Answer 18

1) A conclusive presumption that a child under 10 years cannot have criminal proceedings against them.
2) Doli Incapax - refers to the rebuttable presumption regarding children 10 to 14 years that they did not possess the mens rea.
3) To rebut: The Crown must prove the child knew it was wrong.

Question 19

In accordance with Section 139 (1) of the Evidence Act; when do you need to caution?

Answer 19

1) Upon any arrest for an offence, and
2) Reasonable ground to suspect a person has committed an offence.
and
3) As an investigating official, prior to any official questioning of a suspect.

Question 20

In accordance with Section 139 (5) of the Evidence Act; what constitutes an arrest?

Answer 20

1) The investigating official believes that there is sufficient evidence to establish that the person has committed an offence that is to be the subject of the questioning.
2) The official would not allow the person to leave if they wished to do so.
3) The official has given reasonable grounds for believing that the person would not be allowed to leave if they wished to so so.