CRIMINAL PROCEDURE AND EVIDENCE ACT shall, subject to subsection (2), be admissible in evidence on the trial of the accused for any offence. (2) The evidence of a witness referred to in subsection (1) shall not be admissible unless— (a) it is proved on oath to the satisfaction of the court that the witness— (i) is dead or is incapable of giving evidence, or that he or she is too ill to attend; or (ii) is kept away from the trial by the means and contrivance of the accused; or (iii) cannot be found after diligent search, or cannot be compelled to attend; or (iv) is an expert witness whose evidence is given in his or her capacity as an expert witness, and that the nature of the witness’s professional commitments is such as to render it impossible to secure his or her attendance at the trial on any given day; and that the evidence is the same that was given at the previous criminal trial or at the conference referred to in section 115A, as the case may be, without any alteration; and (b) it appears on the record or is proved to the satisfaction of the court that the accused, personally or by his or her legal representative, had a full opportunity of crossexamining the witness, even if the accused, or his or her legal representative, did not avail himself or herself of that opportunity. (3) Where is proved on oath to the satisfaction of the court that any witness, other than one whose deposition was verified as mentioned in subsection (1)(b)— (a) is dead or incapable of giving evidence, or is too ill to attend; or (b) has been kept away from the trial by the means and contrivance of the accused; or (c) cannot be found after diligent search, or cannot be compelled to attend; or (d) is an expert witness whose evidence is given in his or her capacity as an expert witness, and that the nature of the witness’s professional commitments is such as to render it impossible to secure his or her attendance at the trial on any given day; the evidence of such witness may, at the discretion of the court, be admissible in evidence on the trial of the accused for any offence. [Section as substituted by s. 18 of Act No. 9 of 2006] 256 Admissibility of confessions and statements by accused (1) Any confession of the commission of an offence and any statement which is proved to have been freely and voluntarily made by an accused person without his having been unduly influenced thereto shall be admissible in evidence against such accused person if tendered by the prosecutor, whether such confession or statement was made before or after his arrest or after committal and whether reduced into writing or not: Provided that— (i) a certified copy of the record produced in terms of section 115B shall be admissible in evidence against the accused; (ii) any information given under any enactment which provides a penalty for a failure or refusal to give such information shall not, on that account alone, be inadmissible. [Subsection as amended by s. 19 of Act No. 9 of 2006] (2) A confession or statement confirmed in terms of subsection (3) of section one hundred and thirteen shall be received in evidence before any court upon its mere production by the prosecutor without further proof: Provided that the confession or statement shall not be used as evidence against the accused if he proves that the statement was not made by him or was not made freely and voluntarily without his having been unduly influenced thereto, and if, after the accused has presented his defence to the indictment, summons or charge, the prosecutor considers it necessary to adduce further evidence in relation to the making of such confession or statement, he may re-open his case for that purpose. (3) If in any confession or statement made or evidence given by an accused person which would otherwise be admissible there is contained matter which may be prejudicial to the ac- 95