Section 402B — CRIMINAL PROCEDURE CODE

(2)

A statement may be tendered in evidence under subsection (1)

if—

(a)

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

(b)

the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief;

and

(c)

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 not later than fourteen days before the commencement of the trial unless the parties otherwise agree.

(3)

Notwithstanding paragraph (2)(c), a party proposing to tender a statement in evidence under subsection (1) may not serve the statement to any other parties to the proceedings where the parties to the proceedings agree before or during the proceedings that the statement shall be so tendered.

(4)

If a statement proposed to be tendered in evidence under subsection (1)—

(a)

is made by a person who cannot read, the statement shall be read and explained to him before he signs it and the statement shall be accompanied by a statutory declaration made under the *Statutory Declarations Act 1960 [Act 783]

by the person who so read the statement to the effect that it was so read and explained; or

(b)

refers to any other document or object as an exhibit, the copy served on any other party to the proceedings under paragraph (2)(c) shall be accompanied by a copy of that document or by a photograph of the object and such information as may be necessary in order to enable the party

*NOTE—Act 783 first enacted as the Statutory Declarations Act 1960 [Act No. 20 of 1960] and revised as the Statutory Declarations Act 1960 [Act 13] and later revised as Act 783 w.e.f. 17 November 2016.

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on whom it is served to inspect the document or object, as the case may be, unless it is not expedient to do so.

(5)

Notwithstanding that the written statement of a person may be admissible as evidence by virtue of this section—

(a)

the party by whom or on whose behalf a copy of the statement was served may call the person making the statement to give additional evidence which may include matters which are not contained in the statement; and

(b)

the maker of the statement shall attend the trial for cross-examination and re-examination, if so requested.

(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 trial 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 admitted in evidence under this section shall be treated as if it was produced as an exhibit and identified in the Court by the maker of the statement.

(8)

A document required by this section to be served on any person may be served—

(a)

by delivering the document to the person himself or to his advocate; or

(b)

in the case of a corporation, by delivering the document to the secretary or other like officer of the corporation at its registered or principal office or by sending the document by registered post addressed to the secretary or other like officer of the corporation at that office.

Proof by formal admission