2016 CRM!i'iALfWCEDl'RE -\i'JD EVIDENCE AMEI\'DMENT disciplinary action against any person responsible for the delay. (4) The Prosecutor-General may appeal against an order referred to in subsection (3) (iii) as if it were an acquittal of the accused.". 36 Amendment of section 180 of Cap. 9:07 Section 180 ("Pleas") of the principal Act is amended in subsection (2)(a) in paragraph (e) by the insertion after "charged" of "or is immune from liability to prosecution for the offence, whether in terms of section 267(2) or any other law"; (b) by the insertion after paragraph (g) of the following paragraphsor 37 (h) that he or she is entitled to an order under section 167A permanently staying the prosecution on the ground that there has been an unreasonable delay in bringing him or her to trial for the offence; or (i) that a court has given an order under section 167A permanently staying the prosecution of the offence.". Amendment of section 188 of Cap. 9:07 Section 188 ("Outline of State and defence cases") of the principal Act is amended in paragraph (b)(a) by the insertion atter "statement" of", if he or she so wishes,"; (b) by the deletion of "the provisions of subsection (2) of section one hundred and eightv-nine" and the substitution of"his or her right to remain silent, and the consequences of exercising that right,". 38 Amendment of section 194 of Cap. 9:07 Section 194 ("Presence of accused") of the principal Act is amended by the repeal of subsection (5). 39 New section substituted for section 258 of Cap. 9:07 The principal Act is amended by the insertion of the f'l)llowing section after section 258"258A Admissibility or inadmissibility of illegally-obtained evidence (I) In determining, for the purposes of section 70(3) of the Constitution. whether to exclude evidence that has been obtained in a manner that violates any provision of Chapter 4 of the Constitution, a comi shall endeavour to strike a proper balance between(a) safeguarding- (i) the rights of the accused concerned; and (ii) the integrity of the criminal justice system against serious or persistent breaches of the Jaw by the police or other employees of the State; and (b) the public interest in(i) doing justice to the victim or victims of the crime in question; and 55 No.2