CRIMINAL PROCEDURE AND EVIDENCE ACT
(ii) purports to have been certified as correct under the hand of the person who
transcribes such record;
shall, upon its mere production by any person, be prima facie evidence of such statement or
evidence, as the case may be, and, if the same was made or given as aforesaid through an
interpreter or interpreters, of the correctness of the interpretation.
(2) Notwithstanding subsection (1), the terms of—
(a) any statement produced in confirmation proceedings shall not be proved except by the
production of the statement as confirmed by the magistrate in terms of section 113(3)
or, where the statement is not so confirmed, by calling as a witness the person to whom
the statement was made;
(b) any deposition which was the subject of verification proceedings shall not be proved
except by the production of the deposition as verified by the magistrate in terms of
115A(6)(a) or, where the deposition is not so verified, by calling as a witness the person who made the deposition, unless the court, in its discretion (where the witness cannot be found after diligent search, or cannot be compelled to attend the court), allows
the deposition to be read as evidence at the trial, subject to the conditions mentioned in
section 255.
(3) If the accused is indicted for trial before the High Court, a copy of any of the following
documents as may relate to his or her case shall be served upon the accused together with the
other documents served upon him or her in terms of section 66—
(a) a statement confirmed in terms of section 113(3); and
(b) a deposition verified in terms of section 115A(6)(a); and
(c) a record referred to in subsection (1).
[Section inserted by s. 8 of Act No. 9 of 2006]
PART IX
BAIL
115C Compelling reasons for denying bail and burden of proof in bail
proceedings
(1) In any application, petition, motion, appeal, review or other proceeding before a court in
which the grant or denial of bail or the legality of the grant or denial of bail is in issue, the
grounds specified in section 117(2), being grounds upon which a court may find that it is in the
interests of justice that an accused should be detained in custody until he or she is dealt with in
accordance with the law, are to be considered as compelling reasons for the denial of bail by a
court.
(2) Where an accused person who is in custody in respect of an offence applies to be admitted to bail—
(a) before a court has convicted him or her of the offence—
(i) the prosecution shall bear the burden of showing, on a balance of probabilities,
that there are compelling reasons justifying his or her continued detention, unless
the offence in question is one specified in the Third Schedule;
(ii) the accused person shall, if the offence in question is one specified in—
A. Part I of the Third Schedule, bear the burden of showing, on a balance of
probabilities, that it is in the interests of justice for him or her to be released on bail, unless the court determines that, in relation to any specific
allegation made by the prosecution, the prosecution shall bear that burden;
B. Part II of the Third Schedule, bear the burden of showing, on a balance of
probabilities, that exceptional circumstances exist which in the interests
of justice permit his or her release on bail;
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