Welcome to the Evidence Act 2008

This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

Since then, many authors and luminaries have turned their minds to the complex issues the Act obliges Victorian lawyers to engage with. A blog devoted exclusively to this one piece of legislation isn't necessary, and is impossible for us to give the attention it deserves.

If you're looking for a more conventional blog posting on topical legal issues, have a look at Quis Custodiet Ipsos Custodes? by the same authors.

This site is no substitute for legal advice from an Australian lawyer. If you have a legal problem, it's great that you are doing a bit of research, but go consult a professional.


184. Accused may admit matters and give consents

184. Accused may admit matters and give consents

(1) In or before a criminal proceeding, a defendant may-

(a) admit matters of fact; and

(b) give any consent-
that a party to a civil proceeding may make or give.

(2) A defendant's admission or consent is not effective for the purposes of subsection (1) unless-

(a) the defendant has been advised to do so by the defendant's Australian legal practitioner or legal counsel; or


Paragraph (a) differs from the Commonwealth Act and New South Wales Act.

(b) the court is satisfied that the defendant understands the consequences of making the admission or giving the consent.


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