Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101k:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101K (pt 1/4)
Character Range: 284048–286608

101K  Admissibility of oral confessions
 (1) Subject to subsection (10), in proceedings against a person (in this section referred to as the accused) before a service tribunal in respect of a serious service offence, evidence by an investigating officer who is not a police member of a confession made by the accused in his or her presence, after the proclaimed date, is not admissible on behalf of the prosecution unless the requirements of subsection (2), (3) or (4) are complied with in respect of the interview during which the confession is alleged to have been made.
 (2) This subsection is complied with in respect of an interview:
 (a) if 2 sound recordings of everything said by and to the accused during the interview are made by the one multiple sound recording apparatus; or
 (b) where a multiple sound recording apparatus is not available at the place of interview for use by the investigating officer conducting the interview—if one sound recording of everything said by and to the accused during the interview is made by a sound recording apparatus and a copy of the sound recording is made as soon as practicable thereafter;
and the requirements of subsections (5) and (6) are observed in respect of the sound recordings.
 (3) This subsection is complied with in respect of an interview if, at the time of the interview or as soon as practicable thereafter, a record in writing is made, either in English or in another language used by the accused during the interview, of everything said by and to the accused during the interview and:
 (a) the record, with or without alteration, is acknowledged, in writing in the prescribed manner, by the accused to be a full and correct record and a copy of the record as so acknowledged is given to him or her; and
 (b) if the language used by the accused during the interview is a language other than English but the record is made in English—the record is read to the accused, in the language used by the accused during the interview, before he or she so acknowledges it.
 (4) This subsection is complied with in respect of an interview if:
 (a) at the time of the interview or as soon as practicable thereafter, a record in writing is made, either in English or in another language used by the accused during the interview, of everything said by and to the accused during the interview;
 (b) as soon as practicable after the record is made, the record is read to the accused in the language used by the accused during the interview and a copy of the record is given to the accused;
 (c) the accused is