Criminal Procedure Code 2010 · 2020 Revised Edition · Part 14 · Evidence and Witnesses
267. Proof by formal admission
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Subject to 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 is, as against that party, conclusive evidence in those proceedings of the fact admitted.
subject
“subject” means a person who enters into a DPA with the Public Prosecutor.
An admission under this section —
may be made before or at the proceedings;
if made otherwise than in court, must be in writing;
if made in writing by an individual, must purport to be signed by the person making it and, if so made by a body corporate, limited liability partnership, partnership or unincorporated association, must purport to be signed by a duly authorised representative of that body corporate, limited liability partnership, partnership or unincorporated association, as the case may be;
if made on behalf of an accused who is an individual, must be made by his or her advocate; and
if made before the trial by an accused who is an individual, must be approved by his or her advocate before or at the proceedings in question.
An admission under this section for the purpose of proceedings relating to any matter is treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter, including any appeal or retrial.
An admission under this section may with the permission of the court be withdrawn in the proceedings for which it is made or any subsequent criminal proceedings relating to the same matter.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;