Section 112C
In sections 1 12A and 1 12B -
"appropriate consent" means -
(a)
in relation to a person who has attained the age of 18
years, his consent in writing;
(b)
in relation to a person who has attained the age of 14
years but has not attained the age of 18 years, the consent in writing of both that person and of his parent or guardian;
(c)
in relation to a person who has not attained the age of 14 years, the consent in writing of his parent or guardian, given to the police officer in charge of the case after the person concerned or his parent or guardian, as the case may be, has been informed by the police officer of the purpose for which a body sample is required and the manner by which it is to be taken;
"body sample" means -
(a)
a sample of head hair, including the roots thereof;
(b)
a sample taken from a nail or from under the nail;
(c)
a swab taken from any part, other than a private part, of a person's body but not any other body orifice;
(d)
a swab taken from a person's mouth;
(e)
saliva;
an impression of any part of a person's body other than an impression of a private part or an impression of the face;
( ' an intimate sample, being a body sample that is obtained by means of any invasive procedure;
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"intimate sample'' means -
(a)
a sample of blood, semen or any other tissue fluid, urine or hair other than head hair;
(b)
a dental impression; or
(c)
a swab taken from a private part of a person's body or from a person's body orifice other than the mouth;
"private part" in relation to a person's body, means the genital or anal area and includes the breasts in the case of a woman.
Public not to have right to compel police officer to investigate alleged offences 113.
Nothing in this Chapter is deemed to confer any right upon any member of the public to compel any police officer to investigate whether an offence and, if so, what offence, has been committed but it shall be the duty of any police officer making an investigation under this Chapter upon request in that behalf by the informant to inform him whether the police propose to prosecute and, if so, in respect of what offences.
Exercise of special powers 114.
Every police officer making an investigation under this Chapter if in charge of a police station or not below the rank of Lance-Corporal may exercise the powers given by sections 1 15, 120 and 12 1.
Police officer's power to require attendance of witnesses 115.
(1)
A police officer malung an investigation under this Chapter may by order in writing require the attendance before himself of any person who, from the information given or otherwise, appears to be acquainted with the circumstances of the case, and such person shall attend as so required.
(2)
If any such person refuses to attend as so required, the police officer may report the refusal to a Magistrate who may thereupon in his discretion issue a summons or warrant to secure the attendance of such person as required by the order mentioned in subsection (1).
Examining of witnesses by police 116.
(1)
A police officer making a police investigation under this
Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
B.L.R.O. 10/202/
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(2)
The person shall be bound to state truly the facts and circumstances which he is acquainted concerning the case save only that he may decline to make, with regard to any fact or circumstances, a statement which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3)
A statement made by any person under the provisions of this section shall be read over to him and shall, after correction if necessary, be signed by him.
Statement to police officers 117.
(1)
In any criminal proceedings, any statement made by any person including a person in the custody of a police officer, whether it amounts to a confession or not or is oral or in writing, made at any time, whether before or after that person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer shall be admissible in evidence 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)
The Court shall admit under subsection (1) a statement made by an accused, only if the prosecution satisfies the Court that the statement was voluntary, that is to say that it was not obtained by violence, inducement, threat or oppression by a person in authority.
(3)
Where any person is charged with an offence or officially informed that he may be prosecuted for it, he shall be served with a notice in writing, which shall be explained to him, to the following effect -
"You have been charged with/informed that you may be prosecuted for -
(set out the charged)
Do you wish to say anything in answer to the charge? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now, if you fail to do so before your trial, the court may draw such inferences, adverse to you, as it may think proper. If you wish to mention any fact now, and you would like it written down this will be done".
(4)
No statement made by an accused person in answer to a written notice served on him pursuant to subsection (3) shall be construed as
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a statement obtained by any violence, inducement, threat or oppression as is described in subsection (2), if it is otherwise voluntary.
(5)
In subsection (3), "officially informed" means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders.
(6)
The Court shall admit under subsection (1) a statement made by an accused if such a statement is made after the impression caused by any such inducement, threat or promise as is referred to in subsection (2) has, in the opinion of the Court, been fully removed.
Notice of alibi 117A.
(1)
In any trial, the accused 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 (I), on any such trial the accused shall not without the leave of the Court call any other person to give evidence in support of an alibi unless -
(a)
the notice under subsection (1) includes -
(i)
the name and address of the witness; or
(ii)
if the name and address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;
(b)
if the name or the address is not included in that notice, the Court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;
(c)
if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be;
(d)
if the accused is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at
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(3)
The Court shall not refuse leave under this section if it appears to the Court that the accused was not informed of the requirement of this section.
(4)
Any evidence tenders to disprove an alibi may, subject to any direction by the Court as to the time it is to be given, be given before or after evidence is given in support of the alibi.
(5)
Any notice purporting to be given under this section on behalf of the accused by his advocate or solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
(6)
A notice under subsection ( 1 ) shall either be given in Court during, or at the end of, the committal proceedings or be given in writing to the prosecutor, and a notice under subsection (2)(c) or (d) shall be given in writing to the prosecutor.
(7)
A notice required by this section to be given to the prosecutor may be given by delivering it to the Attorney General or by leaving it at the
Attorney General's ofice, or by sending it by registered post addressed to the
Attorney General at his office.
(8)
In this section -
"evidence in support of an alibi" means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been at the place where the offence is alleged to have been committed at the time of its alleged commission;
"prescribed period" means the period expiring not less than 10 days prior to the commencement of the trial.
(9)
In computing the prescribed period, there shall be disregarded any day which is a public holiday.
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Proof by written statement 117B.
(1)
In any criminal proceedings, a written statement by any person shall, subject to the conditions mentioned in subsection (2), be admissible as evidence to the same extent as oral evidence to the same effect by that person.
(2)
A statement may be tendered in evidence under subsection (1) if -
(a)
the statement purports to be signed by the person who made it;
(b)
the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief; and
(c)
before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings:
Provided that paragraph (c) does not apply if the parties agree before or during the hearing that the statement shall be so tendered.
(3)
If a statement tendered in evidence under subsection (1) -
(a)
is made by a person under the age of 18 years, it shall give his age;
(b)
is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read;
(c)
refers to any other document as an exhibit, the copy served on any other party to the proceedings under subsection (2)(c) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.
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(4)
Notwithstanding that the written statement of a person may be admissible as evidence by virtue of this section -
(a)
the party by whom or on whose behalf a copy of the statement was served may call the person making the statement to give additional evidence in the case, which may include matters which are not contained in the statement; and
@I)
the maker of the statement shall attend the trial for cross-examination and re-examination.
(5)
So much of any statement as is admitted in evidence by virtue of this section shall, unless the Court otherwise directs, be read aloud at the hearing and where the Court so directs an account shall be given orally of so much of any statement as is not read aloud.
(6)
Any document or objects referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as if it had been produced as an exhibit and identified in Court by the maker of the statement.
(7)
A document required by this section to be served on any person may be served -
(a)
by delivering to him or to his solicitor; or
(3)
in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal ofice, or by sending it by registered post addresses to the secretary or clerk of that body at that ofice.
(8)
In this section, "Court" includes a Magistrate.
Proof by formal admission 117C.
(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 purposes of those proceedings by or on behalf of the prosecutor or accused 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.
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(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 an accused who is an individual, shall be made by his advocate or solicitor;
(e)
if made at any stage before the trial by an accused who is an individual, must be approved by his advocate 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 trial).
(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 a Magistrate.
Failure to account for objects, substances or marks 117D.
(1)
Where a person is arrested by a police officer and -
(a)
(i)
there is on his person;
(ii)
in or on his clothing or footwear;
(iii)
otherwise in his possession; or
(iv)
in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object;
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(b)
that or another police officer investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the police officer;
(c)
the police officer informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and
(d)
the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) applies.
(2)
Where this subsection applies, the Court -
(a)
in determining whether there is a case to answer; and
(b)
in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper.
(3)
Subsections ( 1 ) and (2) apply to the condition of clothing or footwear as they apply to a substance or mark thereon.
(4)
Subsections ( 1 ) and (2) do not apply unless the accused was told in ordinary language by the police officer when making the request mentioned in subsection (l)(c) what the effect of this section would be if he failed or refused to comply with the request.
(5)
This section applies in relation to officers of customs as it applies in relation to police officers.
(6)
This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.
(7)
This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.
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Failure to account for presence 117E.
(1)
Where-
(a)
a person arrested by a police officer was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed;
@)
that or another police officer investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to the latter's participation in the commission of the offence;
(c)
the police officer informs the person that he so believes, and requests him to account for his presence; and
(d)
the person fails or refuses to do so, then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) applies.
(2)
Where this subsection applies, the Court -
(a)
in determining whether there is a case to answer; and
(b)
in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper.
(3)
Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the police officer when making the request mentioned in subsection (l)(c) what the effect of this section would be if he a failed or refused to comply with the request.
(4)
This section applies in relation to officers of customs as it applies in relation to police officers.
(5)
This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.
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(6)
This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.
Interpretation for sections 117D and 117E and savings 117F.
(1)
In sections 1 17D and 1 17E -
"legal representative" means an advocate and solicitor;
"place" includes any building or part of a building, any vehicle, vessel, aircraft or hovercraft and any other place whatsoever.
(2)
In sections 1 17D and 1 17E, references to an offence charged include reference to any other offence of which the accused could lawfully be convicted on that charge.
(3)
A person shall not have a case to answer or be convicted of an offence solely on an inference drawn fiom such a failure or refusal as is mentioned in section 1 17D, 1 17E or 1 18.
(4)
Nothing in section 117D, 117E or 118 prejudices the operation of a provision of any written law which provides (in whatever words) that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).
(5)
In subsection (4), the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.
(6)
Nothing in section 11 7D, 1 17E or 1 18 prejudices any power of a Court, in any proceedings, to exclude evidence (whether by preventing questions being put or otherwise) at its discretion.
Circumstances in which inferences may be drawn from accused's failure to mention particular facts when charged etc.