BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

453. (1) If the accused, in answer to the question prescribed under article 450, states that he is guilty of the offence, the court shall in the most solemn manner warn him of the legal consequences of such statement, and shall allow him a short time to retract it; but if the accused persists in his statement, such statement shall be recorded and the court shall proceed to pass on the accused such sentence as would according to law be passed on an accused convicted of the offence.

Duties of the court. (2) Nevertheless, if there is good reason to doubt whether the
offence has really taken place at all, or whether the accused is guilty of the offence, the court shall, notwithstanding the confession of the accused, order the trial of the cause to be proceeded with as if the accused had not pleaded guilty.

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED

Title IV Of the Criminal Court

453A. (2) If the court is satisfied that the sanction or measure, or combination of sanctions and measures, requested as provided in subarticle (1) is one which it would have been lawful for it to impose upon conviction for the offence to which the accused has pleaded guilty and does not have cause to order the trial of the cause to be proceeded with for a reason referred to in article 453(2) or for any other reason to reject the request, and after explaining to the accused in clear terms the consequences of his request, the court shall, upon a plea of guilty by the accused, proceed to pass the sentence indicated to it by the parties declaring in its judgement that the sentence being awarded is being so awarded at the request of the parties.

(3) Where the Attorney General and the accused agree that the sentence to be imposed shall consist of a period of imprisonment which is to be suspended in accordance with the provisions of article 28A and the agreement is not rejected by the court as provided in subarticle (2) such agreement shall not in any way affect the court’s power to make an order under article 28G or 28H or both.

BOOK SECOND
LAWS OF CRIMINAL PROCEDURE

PART III OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS

Title II OF CONFESSIONS

658. Any confession made by the person charged or accused, whether in writing or orally, may be received in evidence against the person who made it, provided it appears that such confession was made voluntarily, and not extorted or obtained by means of threats or intimidation, or of any promise or suggestion of favour.


659. (1) If a confession is reduced to writing at the time it is made, the writing shall be produced; and only if it is proved that the writing has been destroyed or lost, may oral evidence, in lieu of such writing, be admitted for the purpose of proving the substance of such confession.

(2) Nothing in this article shall operate as a bar to the admissibility in evidence of any other confession verbally made before or after.


660. When only a part of a writing or of an oral statement is read or given in evidence against the accused, he shall have the right to insist that the whole of the writing or oral statement be read or given in evidence; but credit may be given to that part only of such writing or oral statement as may be considered worthy of credit.


661. A confession shall not be evidence except against the person making the same, and shall not operate to the prejudice of any other person.