Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101j
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101J
Character Range: 277661–278451

101J  Admissibility of confessional evidence
 (1) Evidence of a confession made by a person in the presence of an investigating officer is not admissible in proceedings against the person for a service offence unless the service tribunal or, in the case of a court martial, the judge advocate of the court martial, is satisfied that the confession was made voluntarily.
 (2) For the purposes of subsection (1), a confession that is obtained from a person in consequence of:
 (a) the use of physical violence, or a threat of physical violence, to any person; or
 (b) the making of a promise, threat or other inducement (not being physical violence or a threat of physical violence) likely to cause the person to make a confession that is untrue;
shall be deemed not to be made voluntarily.