CRIMINAL INVESTIGATION ACT 2006 - SECT 118
CRIMINAL INVESTIGATION ACT 2006 - SECT 118
118 . Admission in serious case inadmissible unless recorded
(1) In this section
—
admission means an admission made by a suspect to
a police officer or a CCC officer, whether the admission is by spoken words or
by acts or otherwise;
adult means a person who has reached 18 years of
age;
child means a person who is under 18 years of age;
reasonable excuse , for the absence of an
audiovisual recording of an admission, includes —
(a) the
admission was made when it was not practicable to make an audiovisual
recording of it;
(b)
equipment to make an audiovisual recording of the admission could not be
obtained while it was reasonable to detain the suspect;
(c) the
suspect did not consent to an audiovisual recording being made of the
admission;
(d) the
equipment used to make an audiovisual recording of the admission
malfunctioned.
(2) This section
applies in respect of a suspect who is —
(a) a
child charged with an indictable offence, irrespective of whether, if an adult
were charged with it, it could be dealt with by a court of summary
jurisdiction; or
(b) an
adult charged with an indictable offence that cannot be dealt with by a court
of summary jurisdiction.
(3) On the trial of
the suspect for the offence, evidence of any admission by the suspect is not
admissible unless —
(a) the
evidence is an audiovisual recording of the admission; or
(b) in
the absence of an audiovisual recording of the admission —
(i)
the prosecution proves, on the balance of probabilities,
that there is a reasonable excuse for the absence; or
(ii)
the court decides otherwise under section 155.
(4) Subsection (3)
does not apply to an admission by a person made before there were reasonable
grounds to suspect that he or she had committed the offence.