This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
makes inadmissible in a criminal proceeding any document (other than a sound or video recording, or transcript of such a recording) purporting to be a record of interview by an investigating official with a defendant unless the defendant acknowledged the document as a true record by signing or otherwise marking it. The purpose of this clause is to limit the circumstances in which documentary evidence, such as a statement of evidence containing an admission, is used to prove the contents of the statement. However, it does not in any way limit the admissibility of oral evidence regarding any such admission, where this evidence comes within an exception to the hearsay rule. Nor does it affect current requirements in relation to the taping, for example, of "records of interview". Furthermore, where such documentary evidence is admissible pursuant to other Acts, this clause will not apply. For example, in relation to summary offences, documentary evidence containing admissions, without a defendant's acknowledgement, may form part of the brief of evidence against a defendant. Clause 5 of Schedule 2 of the Magistrates' Court Act 1989 provides that in certain circumstances such evidence is to be treated as if its contents are a record of evidence given orally. This clause is not intended to affect the operation of that provision.