CRIMINAL PROCEDURE AND EVIDENCE ACT (ii) upholding the confidence of the public in the ability of the criminal justice system to protect members of the public from crime, especially grave, violent or prevalent crime; and in so doing the court must bear in mind that, in general— (d) only serious or persistent breaches of substantive rather than procedural rights; or (e) only compelling reasons (the proof of the existence of which lies with the State) where a breach of a substantive right is involved; will justify the considerations referred to in paragraph (a) overriding the ones referred to in paragraph (b). (2) Evidence that is obtained in a manner that violates any provision of Chapter 4 of the Constitution, but which is admitted by a court after taking into account the considerations referred to in subsection (1), shall not be regarded as rendering the trial unfair or otherwise as being detrimental to the administration of justice or the public interest. (3) For the avoidance of doubt, the fact that a court has admitted illegally obtained evidence in accordance with this section does not prejudice the right of an accused person to pursue a civil remedy for any breach of the law in consequence of which the evidence was obtained. [Section inserted by s. 39 of Act No. 2 of 2016] 259 Confession not admissible against other persons No confession made by any person shall be admissible as evidence against any other person. 260 Evidence of character — when admissible Except as is provided in section two hundred and ninety, no evidence as to the character of the accused or as to the character of any woman on whose person any rape or assault with intent to commit a rape or indecent assault is alleged to have been committed shall, in any such case, be admissible or inadmissible if such evidence would be inadmissible or admissible in any similar case depending in the Supreme Court of Judicature of England. 261 Evidence of genuineness of disputed writings Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall be permitted to be made by witnesses, and such writings and the evidence of witnesses respecting the same may be submitted to the court or magistrate, as the case may be, as evidence of the genuineness or otherwise of the writing in dispute. [Section as amended by s. 28 of Act No. 9 of 2006] 262 Certified copy of record of criminal proceedings sufficient without production of record When it is necessary to prove the trial and conviction or acquittal of any person charged with any offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it is certified or purports to be certified under the hand of the registrar or clerk of the court or other officer having the custody of the records of the court where such conviction or acquittal took place, or by the deputy of such registrar, clerk or other officer, that the paper produced is a copy of the record of the indictment, summons or charge and of the trial, conviction and judgment or acquittal, as the case may be, omitting the formal parts thereof. 263 Issue estoppel When it is legally competent, notwithstanding the former conviction of an accused, again to charge the accused with an offence arising out of the same act or omission upon which the former conviction was based, a certified copy of the record of the former proceedings shall be admissible on its mere production by the prosecutor as conclusive proof that the accused committed the former offence. 97