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Evidence Act 2006

Admissibility rules, privilege, and confidentiality - Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings

27: Defendants’ statements offered by prosecution

You could also call this:

"When you're accused of a crime, things you say can be used as evidence against you."

Illustration for Evidence Act 2006

If you are a defendant in a criminal case, the prosecution can use a statement you made as evidence against you. This statement can also be used against someone who is being tried with you, but only if it is allowed under section 22A. You should know that the prosecution can use this statement, unless it is not allowed under section 28, 29, or 30. Some rules about evidence, like those in Subpart 1 (except for section 22A), subpart 2, and section 35, do not apply to this kind of evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393603.

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Part 2Admissibility rules, privilege, and confidentiality
Defendants’ statements, improperly obtained evidence, silence of parties in proceedings, and admissions in civil proceedings

27Defendants’ statements offered by prosecution

  1. Evidence offered by the prosecution in a criminal proceeding of a statement made by a defendant is admissible against that defendant, and is admissible against a co-defendant in the proceeding only if it is admitted under section 22A.

  2. However, evidence offered under subsection (1) is not admissible against that defendant if it is excluded under section 28, 29, or 30.

  3. Subpart 1 (hearsay evidence) except section 22A, subpart 2 (opinion evidence and expert evidence), and section 35 (previous consistent statements rule) do not apply to evidence offered under subsection (1).

  4. Repealed
Notes
  • Section 27(1): amended, on , by section 9(1) of the Evidence Amendment Act 2016 (2016 No 44).
  • Section 27(3): amended, on , by section 9(2) of the Evidence Amendment Act 2016 (2016 No 44).
  • Section 27(4): repealed, on , by section 9(3) of the Evidence Amendment Act 2016 (2016 No 44).