Part 14 - Evidence and Witnesses Flashcards Preview

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Flashcards in Part 14 - Evidence and Witnesses Deck (3)
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1

Section 258

Admissibility of accused’s statements

(1) Subject to subsections (2) and (3), where any person is charged with an offence, any statement made by the person, whether it is oral or in writing, made at any time, whether before or after the person is charged and whether or not in the course of any investigation carried out by any law enforcement agency, is admissible in evidence at his trial; and if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit

(2) Where a statement referred to in subsection (1) is made by any person to a police officer, no such statement shall be used in evidence if it is made to a police officer below the rank of sergeant

(3) The court shall refuse to admit the statement of an accused or allow it to be used in the manner referred to in subsection (1) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused grounds which would appear to him reasonable for supposing that by making the statement he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him

(4) If the statement referred to in subsection (3) is made after the impression caused by any such inducement, threat or promise referred to in that subsection has, in the opinion of the court, been fully removed, it shall be admissible

(5) When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession

2

Section 259

Witness’s statement inadmissible except in certain circumstances

(1) Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement —
(a) is admitted under section 147 (i.e. Cross-examination as to previous statements in writing) of the Evidence Act (Cap. 97);
(b) is used for the purpose of impeaching his credit in the manner provided in section 157 (i.e. Impeaching credit of witness) of the Evidence Act;
(c) is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act or any other written law;
(d) is made in the course of an identification parade; or
(e) falls within section 32(1)(a) (i.e. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant when it relates to cause of death) of the Evidence Act

(2) Where any person is charged with any offence in relation to the making or contents of any statement made by him to an officer of a law enforcement agency in the course of an investigation carried out by that officer, that statement may be used as evidence in the prosecution

3

Section 261

Inferences from accused’s silence

(1) Where in any criminal proceeding evidence is given that the accused on being charged with an offence, or informed by a police officer or any other person charged with the duty of investigating offences that he may be prosecuted for an offence, failed to mention any fact which he subsequently relies on in his defence, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, the court may in determining —
(a) whether to commit the accused for trial;
(b) whether there is a case to answer; and
(c) whether the accused is guilty of the offence charged, draw such inferences from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material

A judge may take into account different factors in determining what inferences, if any to draw:
- Nature of the omitted facts
- Adequacy of the explanation of the notice
- If failure to mention was justified
- If the facts omitted were disclosed previously