Part I

Scheduled Offences

Evidence, onus of proof and treatment of convicted young persons

Admissions by persons charged with scheduled offences.
8
1
In any criminal proceedings for a scheduled offence, or for two or more offences at least one of which is a scheduled offence, 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 or in the excercise of its discretion referred to in subsection (3) below (and has not been rendered inadmissable by virtue of such a direction as is mentioned in subsection (2)(iii) below.)
2
Where in any such proceedings—
a
the prosecution proposes to give, or (as the case may be) has given, in evidence a statement made by the accused, and
b
prima facie evidence is adduced that the accused was subjected to torture, to inhuman or degrading treatment, or to any violence or threat of violence (whether or not amounting to torture), in order to induce him to make the statement,
then, unless the prosecution satisfies the court that the statement was not obtained by so subjecting the accused in the manner indicated by that evidence, the court shall do one of the the following things, namely—
i
in the case of a statement proposed in evidence, exclude the statement;
ii
in the case of a statement already received in evidence, continue the trail disregarding the statement; or
iii
in either case, direct that the trial shall be restarted before a differently constituted court (before which the statement in question shall be inadmissable).
3
It is hereby declared that, in the case of any statement made by the accused and not obtained by so subjecting him as mentioned in subsection (2)(b) above, the court in any such proceedings as are mentioned in subsection (1) above has a discretion to do one of the things mentioned in subsection (2)(i) to (iii) above if it appears to the court that it is appropriate to do so in order to avoid unfairness to the accused or othewise in the interests of justice.
4
This section does not apply to a summary trial.
Act repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 PartI
S. 8 substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 5