Illegal Search Evidence Rules

Summary

Australian military police must adhere to both military and civilian laws. The Australian Defence Force Discipline Act 1982 governs military discipline and search procedures, while the Evidence Act 1995 outlines the admissibility of evidence, including the exclusion of improperly obtained evidence. In military court cases, the chain of command may influence proceedings. Consulting a military defense attorney is crucial for navigating these legal complexities.

Full Conversation

Can Australian military police retain items taken from an illegal search of a room
Hey ****,
In general, if the Australian military police conducted an illegal search, any items seized are typically subject to exclusion in court. This means they might not be able to use those items as evidence. However, specific military regulations and circumstances could influence this.
Are you currently facing any legal action related to this search?
Tell me more about the military regulations and circumstances that could influence this
Australian military police are bound by both military and civilian laws. Key points include:
- Australian Defence Force Discipline Act *: Governs military discipline, including searches.
- Evidence Act *: Covers the exclusion of improperly obtained evidence.
- Chain of Command Influence: Higher authorities may impact investigations and proceedings.
Are you currently involved in a military court case or hearing regarding this issue?
Yes
Since you're involved in a military court case, it's crucial to consult with a military defense attorney. Here are additional details on the laws that might affect your case:
- Australian Defence Force Discipline Act *: Outlines the rules for military discipline and procedures for searches.
- Evidence Act *: Details the grounds for excluding improperly obtained evidence in court.
Would you like assistance finding a military defense attorney?
Tell me more about the evidence act *
Sure, ****! Here are key points about the Evidence Act *:
- Relevance: Only relevant evidence is admissible.
- Hearsay Rule: Generally, hearsay evidence is not admissible.
- Opinion Evidence: Expert opinions can be admitted, but not general opinions.
- Exclusion of Evidence: Improperly obtained evidence can be excluded, especially if its admission would be unfair.
Do you need more details on any specific section of the Evidence Act *?