29 Exclusion of statements influenced by oppression

(1)

This section applies to a criminal proceeding in which the prosecution offers or proposes to offer a statement of a defendant if—

(a)

the defendant or, if applicable, a co-defendant against whom the statement is offered raises, on the basis of an evidential foundation, the issue of whether the statement was influenced by oppression and informs the Judge and the prosecution of the grounds for raising the issue; or

(b)

the Judge raises the issue of whether the statement was influenced by oppression and informs the prosecution of the grounds for raising the issue.

(2)

The Judge must exclude the statement unless satisfied beyond reasonable doubt that the statement was not influenced by oppression.

(3)

For the purpose of applying this section, it is irrelevant whether or not the statement is true.

(4)

Without limiting the matters that a Judge may take into account for the purpose of applying subsection (2), the Judge must, in each case, take into account any of the following matters that are relevant to the case:

(a)

any pertinent physical, mental, or psychological condition of the defendant when the statement was made (whether apparent or not):

(b)

any pertinent characteristics of the defendant including any mental, intellectual, or physical disability to which the defendant is subject (whether apparent or not):

(c)

the nature of any questions put to the defendant and the manner and circumstances in which they were put:

(d)

the nature of any threat, promise, or representation made to the defendant or any other person.

(5)

In this section, oppression means—

(a)

oppressive, violent, inhuman, or degrading conduct towards, or treatment of, the defendant or another person; or

(b)

a threat of conduct or treatment of that kind.

Section 29(1)(a): amended, on 4 July 2007, by section 8 of the Evidence Amendment Act 2007 (2007 No 24).