Clause 280

A Magistrate may record a statement made to him at any time before a trial begins.

The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him must be clearly shown as being a question and answer.

The Magistrate must not record the statement if, on questioning the person making it, he does not believe it was made voluntarily.

The Magistrate must make a note at the foot of this record as follows: “I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said. (Signed)A.B. Magistrate”.

If the person making the statement does not understand English, the proceedings must be interpreted for him in his own language or in a language he understands, and the note referred to in subsection (4) must be signed by the Magistrate and by the interpreter.

Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case.

If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.