1988 Ed.]
Criminal Procedure
[CAP. 221
33
(8) In this section, "court" includes the District Court and a magistrate. (Added, 34 of 1972, s. 11)
(Added, 5 of 1971, s. 6) [cf. U.K. 1967 c. 80, s. 9]
Proof by formal admission
65C. (1) Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
(2) An admission under this section-
(a) may be made before or during the proceedings;
(b) if made otherwise than in court, shall be in writing;
(c) if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;
(d) if made on behalf of a defendant who is an individual, shall be made by his counsel or solicitor;
(e) if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or during the proceedings in question.
(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).
(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.
(5) In this section, "court" includes the District Court and a magistrate. (Added, 34 of 1972, s. 12)
(Added, 5 of 1971, s. 6) [cf. U.K. 1967 c. 80, s. 10]
Notice of alibi
65D. (1) On a trial on indictment the defendant shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.
(2) Without prejudice to subsection (1), on any such trial the defendant shall not without the leave of the court call any other person to give evidence in support of an alibi unless-
1988 Ed.]
Criminal Procedure
[CAP. 221
33
(8) In this section, "court" includes the District Court and a magistrate. (Added, 34 of 1972, s. 11)
( Added, 5 of 1971, s. 6) [cf. U.K. 1967 c. 80, s. 9]
Proof by formal admission
65C. (1) Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
(2) An admission under this section-
(a) may be made before or during the proceedings;
(b) if made otherwise than in court, shall be in writing;
(c) if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;
(d) if made on behalf of a defendant who is an individual, shall be made
by his counsel or solicitor;
(e) if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or during the proceed- ings in question.
(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).
(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.
(5) In this section, "court" includes the District Court and a magistrate. (Added, 34 of 1972, s. 12)
(Added, 5 of 1971, s. 6) [cf. U.K. 1967 c. 80, s. 10]
Notice of alibi
65D. (1) On a trial on indictment the defendant shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.
(2) Without prejudice to subsection (1), on any such trial the defendant shall not without the leave of the court call any other person to give evidence in support of an alibi unless-
No comments yet.
Private notes are available after approval.