52. Adducing of other evidence not affected
52. Adducing of other evidence not affected
This Act (other than this Part) does not affect the operation of any Australian law or rule of practice so far as it permits evidence to be adduced in a way other than by witnesses giving evidence or documents being tendered in evidence.
In Bailiff v R [2011] ACTCA 7, Marshall J, Nield and Teague AJJ held that s 52 does not prevent the operation of R v Dashwood [1943] KB 1, a UK authority held to permit courts to act inquisitorially and receive evidence from any source when considering a criminal accused's fitness to plead. (In Bailiff, the conduct of the accused in the courtroom was held to give rise to a concerb as to his fitness to plead).
It would appear that the ambit of this provision is wider than s 8. This provision yields this Act to common law rules and practices as well as legislation.
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