Document ID: chunk:federal_register_of_legislation:C2015C00453:clause:1_46
Version: federal_register_of_legislation:C2015C00453
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 13547–14381

46  Subsection 101K(9)
Repeal the subsection, substitute:
 (9) Subject to the power of a service tribunal, or, in the case of a court martial, the judge advocate of the court martial, to exclude evidence:
 (a) on the ground of unfairness to the accused; or
 (b) on the ground that it is evidence of a confession not shown to have been made voluntarily; or
 (c) otherwise in the interests of justice;
the prosecution is not prevented from leading evidence of a confession by reason only of anything said by the accused, during, or at the end of, the reading to the accused of a record in writing containing the confession, concerning the accuracy of the record, but this subsection does not prevent a judge advocate from directing the members of a court martial with respect to the weight to be accorded to the statement as evidence.