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Section 402C

Proof by formal admission

of Criminal Procedure Code

ActIn forceProvision 362 of 411
Section 402C
(1)

Notwithstanding any other written law, and subject to the provisions of this section, any fact of which oral evidence may be given

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in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the Public Prosecutor or accused and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.

(2)

An admission under this section—

(a)

may be made before or during the proceedings and shall be in writing and signed by both parties;

(b)

if made otherwise than in the Court, shall be in writing;

(c)

if made in writing by an individual, shall be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;

(d)

if made on behalf of an accused who is an individual, shall be made by his advocate;

(e)

if made at any stage before the trial by an accused who is an individual, shall be approved by his advocate (whether at the time it was made or subsequently) before or during the proceedings in question.

(3)

An admission under this section for the purpose of any proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or trial).

(4)

An admission under this section may with the leave of the Court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.

Criminal Procedure Code 217