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Text as at 25 March 2024
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Act index » Chapter 5 - Miscellaneous

184 Accused may admit matters and give consents

Explained inBill clause 184EM on clause 140EM on clause 184
(1)In or before a criminal proceeding, an accused may— that a party to a civil proceeding may make or give.
S. 184(1) amended by No. 68/2009 s. 97(Sch. item 55.43(a)).
(a)admit matters of fact; and
S. 184(2)(a) amended by Nos 68/2009 s. 97(Sch. item 55.43 (c)(d)), 17/2014 s. 160(Sch. 2 item 39.5).
(b)give any consent—
S. 184(2)(b) amended by No. 68/2009 s. 97(Sch. item 55.43(c)).
(2)An admission made by or a consent given by an accused is not effective for the purposes of subsection (1) unless—
S. 184(2) amended by No. 68/2009 s. 97(Sch. item 55.43(b)).
(a)the accused has been advised to do so by the Australian legal practitioner of the accused; or
Paragraph (a) differs from the Commonwealth Act and New South Wales Act.
(b)the court is satisfied that the accused understands the consequences of making the admission or giving the consent.