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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In any criminal proceedings for a scheduled offence, or two or more offences which are or include scheduled offences, a statement made by the accused may be given in evidence by the prosecution in so far as—
(a)it is relevant to any matter in issue in the proceedings; and
(b)it is not excluded by the court in pursuance of subsection (2) below.
(2)If, in any such proceedings where the prosecution proposes to give in evidence a statement made by the accused, prima facie evidence is adduced that the accused was subjected to torture or to inhuman or degrading treatment in order to induce him to make the statement, the court shall, unless the prosecution satisfies it that the statement was not so obtained—
(a)exclude the statement, or
(b)if the statement has been received in evidence, either—
(i)continue the trial disregarding the statement; or
(ii)direct that the trial shall be restarted before a differently constituted court (before which the statement in question shall be inadmissible).
(3)This section does not apply to a summary trial.
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