A.D. 1889.]
EVIDENCE.
[No. 2.
641
necessary, translated or caused to be translated, to the prisoner or accused person the depositions taken against him;
(2.) that, prior to such statement having been made, the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, addressed to the prisoner or accused person these words or words to the like effect:-"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence against you on your trial";
(3.) that, prior to such statement having been made, the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, gave the prisoner or accused person clearly to understand that he had nothing to hope from any promise of favour, and nothing to fear from any threat which might have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then said might be given in evidence against him on his trial, notwithstanding such promise or threat;
(4.) that what the prisoner or accused person answered thereto was taken down in writing and read over to him; and
(5.) that the said statement had been kept with, and, at the time of the application to receive the same in evidence, was in the custody of the proper officer, in the same manner as the depositions of the witnesses which had been taken in the same matter:
Provided, nevertheless, that nothing herein contained shall prevent the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, from giving in evidence any admission or confession or other statement of the prisoner or accused person, made at any time, which by law would be admissible as evidence against such person.
37. If the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, or the prisoner or accused person or his counsel, at the trial of any prisoner or accused person, applies to the Court for leave to read as evidence in such prosecution the statement of such person mentioned in the last preceding section, and it appears to the Court that the depositions, including the statement of such person or a copy thereof, are in the custody of the proper officer, and if such statement appears to have been duly taken in compliance with the conditions mentioned in the last preceding section, then, if such statement purports to be signed by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read
Primâ facie proof of statement duly taken.
A.D. 1889.]
EVIDENCE.
[No. 2.
641
necessary, translated or caused to be translated, to the prisoner or accused person the depositions taken against him;
(2.) that, prior to such statement having been made, the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, addressed to the prisoner or accused person these words or words to the like effect:-"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence against you on your trial";
(3.) that, prior to such statement having been made, the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, gave the prisoner or accused person clearly to understand that he had nothing to hope from any promise of favour, and nothing to fear from any threat which might have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then said might be given in evidence against him on his trial, notwith- standing such promise or threat;
(4.) that what the prisoner or accused person answered thereto was
taken down in writing and read over to him; and
(5.) that the said statement had been kept with, and, at the time of the application to receive the same in evidence, was in the custody of the proper officer, in the same manner as the depositions of the witnesses which had been taken in the same matter :
Provided, nevertheless, that nothing herein contained shall prevent the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, from giving in evidence any ad- mission or confession or other statement of the prisoner or accused person, made at any time, which by law would be admissible as evidence against such person.
37. If the Attorney General, or other person conducting a prosecution in criminal proceedings on behalf of the Crown, or the prisoner or accused person or his counsel, at the trial of any prisoner or accused person, ap- plies to the Court for leave to read as evidence in such prosecution the statement of such person mentioned in the last preceding section, and it appears to the Court that the depositions, including the statement of such person or a copy thereof, are in the custody of the proper officer, and if such statement appears to have been duly taken in compliance with the conditions mentioned in the last preceding section, then, if such state- ment purports to be signed by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read
Primâ fucie proof of state- taken.
ment duly
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