Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101k:p3
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101K (pt 3/4)
Character Range: 288724–291400

by the accused, afford the accused an opportunity of making arrangements for the safe‑keeping of the sound recording on his or her behalf.
 (6) Where a sound recording has been handed to a person in accordance with subsection (5), the investigating officer in charge of the investigation shall, upon request, provide, as soon as practicable, reasonable facilities to the accused or the accused's legal practitioner to enable the sound recording to be reproduced in sound.
 (7) For the purposes of subsection (1), the requirements of subsection (4) shall be taken to be complied with in respect of an interview if, where the explanation referred to in paragraph (4)(e) is given to the accused after paragraph (4)(a) has been complied with in respect of the interview, the actions of the accused prevent the following of the procedure that would, but for this subsection, be required to be followed for the purposes of compliance with paragraphs (4)(b), (c) and (d).
 (8) In proceedings against a person before a service tribunal, the burden of satisfying the service tribunal or, in the case of a court martial, the judge advocate of the court martial, that, in relation to evidence to which this section applies, the requirements of this section have been complied with lies on the prosecution.
 (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.
 (10) A service tribunal or, in the case of a court martial, the judge advocate of the court martial, may admit evidence of a confession notwithstanding that the requirements of this section have not been complied with, or that there is insufficient evidence of compliance with those requirements, if, having regard to the nature of, and the reasons for, the non‑compliance or insufficiency of evidence and any other relevant matters, the service tribunal or the judge advocate is satisfied that, in the special circumstances of the case, admission of the evidence would not be contrary to the interests of