CHAPTER 30
EVIDENCE
Admissibility of confession by accused
246. (1) Evidence of a confession made by a person in relation to the commission of an offence is, if the confession is proved to have been freely and voluntarily made by that person in his or her sound and sober senses and without having been unduly influenced thereto, admissible in evidence against that person at criminal proceedings relating to that offence, but -
(a) a confession made to a peace officer, other than a magistrate or a justice of the peace who is not a member of the police involved in the investigation of the offence to which the confession relates, or, in the case of a peace officer referred to in section 358, a confession made to such peace officer that relates to an offence with reference to which such peace officer is authorized to exercise any power conferred on him or her under that section, is not admissible in evidence unless -
(i) confirmed and reduced to writing in the presence of a magistrate or justice of the peace, or confirmed and recorded on tape in the presence of a magistrate and a transcription is made of the confession so recorded ; and
(ii) where the confession is confirmed and reduced to writing in the presence of a member of the police who by virtue of his or her rank is a justice of the peace -
(aa) that member of the police was not involved in the investigation of the offence to which the confession relates ; and
(bb) a magistrate was not readily available ;
(b) where the confession -
(i) is made to a magistrate and reduced to writing by that magistrate, or is made to a magistrate and recorded on tape by that magistrate and a transcription is made of the confession so recorded ; or
(ii) is confirmed and reduced to writing in the presence of a magistrate, or is confirmed and recorded on tape in the presence of a magistrate and a transcription is made of the confession so recorded,
the confession is, on the mere production at the proceedings in question of the document in which the confession is contained or, where the confession was recorded on tape, of a document that purports to be a transcription of the original record of the confession -
(aa) admissible in evidence against that person if it appears from such document or transcription that the confession was made by a person whose name corresponds to that of that person and -
(A) in the case of a confession recorded on tape, if the transcription thereof purports to be certified as correct under the hand of the person who transcribed the confession ; and
(B) in the case of a confession made to a magistrate or confirmed in the presence of a magistrate through an interpreter, if a certificate by the interpreter appears on such document or transcription to the effect that he or she interpreted truly and correctly and to the best of his or her ability with regard to the contents of the confession and any question put to that person by the magistrate ; and
(bb) presumed, in the absence of evidence to the contrary, to have been freely and voluntarily made by that person in his or her sound and sober senses and without having been unduly influenced thereto, if it appears from the document or transcription in which the confession is contained that the confession was made freely and voluntarily by that person in his or her sound and sober senses and without having been unduly influenced thereto.
(2) The prosecution may lead evidence in rebuttal of evidence adduced by an accused in rebuttal of the presumption under subsection (1)(b)(bb).
(3) A confession that is under subsection (1) inadmissible in evidence against the person who made it, becomes admissible against that person -
(a) if that person adduces in the proceedings in question any evidence, either directly or in cross-examining a witness, of any oral or written statement made by him or her either as part of or in connection with the confession ; and
(b) if such evidence is, in the opinion of the judge or magistrate presiding at such proceedings, favourable to that person.
Fair trial standards
National proceedings on admission of guilt
EDIT.