CRIMINAL PROCEDURE AND EVIDENCE ACT (i) his or her right to remain silent by declining to do either or both of the following— A. to give an outline of his or her defence, if any, to the charge; and B. to supply the names of any witnesses he or she proposes to call in his or her defence together with a summary of the evidence which each witness will give, sufficient to inform the Prosecutor-General of all the material facts on which he or she relies in his or her defence; and (ii) the consequences of remaining silent, that is to say, informing the accused of the provisions of section 67(2); [Paragraph (b) substituted by s. 27 of Act No. 2 of 2016] (c) request the accused to supply the information referred to in subsection (6)(b); and the proceedings shall be recorded. (11) The magistrate shall transmit a certified copy of the record made in terms of subsection (10) to the registrar of the High Court. (12) The registrar shall transmit— (a) the document and notice lodged with him or her in terms of subsection (7); and (b) the document lodged with him or her in terms of subsection (8)(b) or a certified copy of the record transmitted in terms of subsection (11), as the case may be; to the judge who is to preside at the trial. [Section as substituted by s. 3 of Act No. 9 of 2006] 67 Information provided by accused or failure of accused to mention fact relevant to his or her defence may be used as evidence against accused (1) A document purporting to be a copy of a document referred to in section 66(8) or a certified copy of a record made in terms of subsection (10) of that section shall be received in evidence before the court upon its mere production by the prosecutor without further proof, unless it is shown that the information given by the accused was not in fact duly given: Provided that, except in so far as it amounts to an admission of any allegation made by the State, any information provided by the accused shall not be taken into account for the purpose of deciding whether the accused should be found not guilty in terms of section 198(3). (2) If an accused has failed to mention any fact relevant to his or her defence as requested in the notice in terms of section 66(6)(b), being a fact which, in the circumstances existing at the time, he or she could reasonably have been expected to have mentioned, the court, in determining whether there is any evidence that the accused committed or whether the accused is guilty of the offence charged or any other offence of which he or she may be convicted on that charge, may draw such inferences from the failure as appear proper and the failure may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. (3) In deciding, in terms of subsection (2), whether in the circumstances existing at the time the accused could reasonably have been expected to mention any fact, the court may have regard to the document referred to in section 66(6)(a). [Section substituted by s. 3 of Act No. 9 of 2006] 68 – 111 [Sections repealed by s. 3 of Act No. 9 of 2006] PART VIII CONFIRMATION OF EXTRA-CURIAL STATEMENTS 112 Interpretation in Part VIII In this Part— “confirmation proceedings” means confirmation proceedings in terms of section 113; 49