17.08.2010
10–1Section 85(1) of the uniform Evidence Acts should be amended to provide that the section applies only to evidence of an admission made by a defendant: (a) to or in the presence of an investigating official who was at the time performing functions in connection with the investigation of the commission or possible commission of an offence; or (b) as a result of an act of another person who is capable of influencing the decision whether a prosecution of the defendant should be brought or should be continued. A consequential amendment should be made to s 89(1) to incorporate (a) above.
10–2To ensure that evidence of admissions in criminal proceedings that are not first-hand are excluded from the ambit of s 60, s 82 of the uniform Evidence Acts should be amended to provide that s 60 does not apply in a criminal proceeding to evidence of an admission.