Proof by admission in criminal cases

(1) Subject to the provisions of 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 prosecution or the defence, 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, at, or during the proceedings; (b) if made otherwise than in court, shall be in writing; (c) if made in writing by an individual, shall purport to be signed by the person making it and, if made by a body corporate or an unincorporated entity, shall purport to be signed by a director, manager, secretary, clerk, or other similar officer of the body corporate or unincorporated entity; (d) if made on behalf of a defendant who is an individual, shall be made by his attorney-at-law; 60 (e) if made at any stage before the proceedings by a defendant who is an individual, shall be approved by his or her attorney-at-law, either at the time it is made or at any time thereafter before, at, or during the proceedings in question. (3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purposes of any subsequent criminal proceedings relating to that matter, including any appeal or retrial. 61 SCHEDULE I EVIDENCE ACT Certifying Departments and Officers [section 31] __________________________________________________ Name of department or officer Name of certifying officer __________________________________________________ The Commissioners of the Treasury Any Commissioner, Secretary or Assistant Secretary of the Treasury. The Commissioners for executing Any of the Commissioners for the office of the Lord Admiral executing the office of the Lord High Admiral, or either of the secretaries to the said Commissioners. Secretaries of State Any Secretary or Under Secretary of State. The Committee of Privy Council Any Member of the Committee for Trade of the Privy Council for trade, or any secretary or assistant secretary of the said Committee. The Poor Law Board Any commissioner of the Poor Law Board, or any secretary or assistant secretary of the said Board. The Postmaster General Any Secretary or Assistant Secretary of the Post Office. 62 Evidence SCHEDULE II1 EVIDENCE ACT Competency and Compellability of Husband and Wife and of Parties to a Common Law Union [section 57] PART I __________________________________________________ No. Criminal Proceedings __________________________________________________ 1. Proceedings, whether on summary conviction or on indictment, for personal injury or violence committed by the husband or wife upon or against the wife or husband. 1A. Proceedings, whether on summary conviction or on indictment, for personal injury or violence committed by either party to a common law union against the other. 2. Any indictment or summary proceedings for the purpose of enforcing a civil right only. 3. Proceedings, whether on summary conviction or on indictment, for the protection and security of the property of a husband or a wife or of either party to a common law union or the person prosecuted under any provisions relating to married person’s property, except that no husband or wife or, in the case of common law union, the other party who is a defendant or an accused person shall be compellable to give evidence. __________________________________________________ 1 This Sechedule was amended by Act No. 33 of 2010. Evidence 63 PART II ________________________________________________ No. Criminal Proceedings __________________________________________________ 1. Proceedings for neglecting to maintain or for deserting his wife or family, either on summary conviction or on indictment, or for running away and leaving his wife or his or her child or children under section 3 (1) (xv) of the Summary Jurisdiction (Offences) Act, Cap. 98. 2. Proceedings for– (a) rape and other unlawful carnal knowledge of girls and women; (b) attempt to commit rape; (c) rape by personation of husband or male party to the common law union; (d) procuration under section 49 of the Criminal Code, or any other law; CAP. 101. (e) procuring defilement of women by threats or fraud or administration of drugs under section 50 of the Criminal Code or any other law; (f) permitting defilement of girl on premises; (g) abduction of women and girls for any unlawful purpose; (h) detention of female with intent to have carnal knowledge; (i) child stealing; 64 Evidence (j) committing or attempting to commit an unnatural offence; (k) indecent assault; and (l) aggravated assault on females or a male child, whether on summary conviction or on indictment. 3. Proceedings for incest or bigamy. 4. Proceedings for the following offences committed against a child or young person– (a) manslaughter; (b) common assault or battery; and (c) all other offences involving ill-treatment and neglect of, or bodily injury to, a child or young person. 5. Proceedings for any crime mentioned in section 111 of the Criminal Code, Cap.101. 6. Proceedings for the punishment of vagrancy, the suppression of brothels or against persons for keeping disorderly houses under any law. ______________________________________________________