EVIDENCE ACT 1929 - SECT 34KC

EVIDENCE ACT 1929 - SECT 34KC

34KC—Stopping the case where evidence is unconvincing

        (1)         If on a defendant's trial before a judge and jury for an offence the judge is satisfied at any time after the close of the case for the prosecution that—

            (a)         the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings (an "out of court statement ); and

            (b)         the evidence provided by the out of court statement is so unconvincing that, considering its importance to the case against the defendant, a conviction of the offence would be unsafe,

the judge must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.

        (2)         Where—

            (a)         a jury is directed under subsection (1) to acquit a defendant of an offence; and

            (b)         the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence,

the defendant may not be found guilty of that other offence if the judge is satisfied as mentioned in subsection (1) in respect of it.

        (3)         This section does not prejudice any other power a judge may have to direct a jury to acquit a person of an offence or to discharge a jury.