Clause 4

Notwithstanding anything contained in any written law, in any criminal proceedings, other than proceedings in an inquiry preliminary to committal for trial, a written statement by any person shall, if such of the conditions mentioned in subsection (2) of this section as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.(2) The said conditions are —

the statement purports to be signed by the person who made it;

the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

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;

none of the other parties or their advocates and solicitors, within seven days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section; and

an advocate and solicitor has been acting for the accused at any time prior to the hearing of the preliminary inquiry or the court is satisfied that the accused is aware of the provisions of this section:Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered.(3) The following provisions shall also have effect in relation to any written statement tendered in evidence under this section, that is to say: —

if the statement is made by a person under the age of twenty-one years, it shall give his age;

if it 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; and

if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of subsection (2) of this section 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.(4) Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section —

the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.(5) An application under paragraph (b) of subsection (4) of this section to a court other than a Magistrate’s Court may be made before the hearing and on any such application the powers of the court shall be exercisable by any person entitled to sit as a Judge of that court.(6) 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.(7) Any document or object referred to as an exhibit and identified in a written statement tendered 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.(8) A document required by this section to be served on any person may be served —

by delivering it to him or to his advocate and solicitor; or

by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his advocate and solicitor and leaving it at his office; or

by sending it in a registered letter addressed to him at his usual or last known place of abode or place of business or addressed to his advocate and solicitor at his office; or

in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it in a registered letter addressed to the secretary or clerk of that body at that office.Proof by formal admission371B.—

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 Public Prosecutor or the 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.(2) An admission under this section —

may be made before or at the proceedings;

if made otherwise than in court, shall be in writing;

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 some other similar officer of the body corporate;

if made on behalf of an accused who is an individual, shall be made by his advocate and solicitor;

if made at any stage before the trial by an accused who is an individual, must be approved by his advocate and solicitor (whether at the time it was made or subsequently) before or at 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.”.