CRIMINAL PROCEDURE AND EVIDENCE ACT
cused and which is not relevant to the charge preferred against him, the prosecutor may delete
such matter from the confession, statement or evidence, as the case may be, and such confession, statement or evidence, as the case may be, shall be admissible against such accused
person:
Provided that no confession, statement or evidence from which any matter has been deleted
shall be adduced or received in evidence unless a copy of the confession, statement or evidence
from which such matter has been deleted has been served upon the accused and he has not,
within five days of such service, demanded that the whole or part of any matter so deleted shall
be included in the confession, statement or evidence if it is adduced in evidence by the prosecutor.
(4) If an accused person demands that the whole or any part of any matter referred to in subsection (3) shall be included in his confession, statement or evidence if it is adduced in evidence
by the prosecutor, then such confession, statement or evidence containing such matter shall,
notwithstanding anything to the contrary in this Act, be admissible in evidence against him.
257 Failure of accused to mention certain facts to police may be treated as
evidence
Where in any proceedings against a person evidence is given that the accused, on being—
(a) questioned as a suspect by a police officer investigating an offence; or
(b) charged by a police officer with an offence; or
(c) informed by a police officer that he might be prosecuted for an offence;
failed to mention any fact relevant to his or her defence in those proceedings, being a fact
which, in the circumstances existing at the time, he or she could reasonably have been expected
to have mentioned when so questioned, charged or informed, as the case may be, 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.
[Section as substituted by s. 20 of Act No. 9 of 2006]
258 Admissibility of facts discovered by means of inadmissible confession
(1) It shall be lawful to admit evidence of any fact otherwise admissible in evidence, notwithstanding that such fact has been discovered and come to the knowledge of the witness who
gives evidence respecting it only in consequence of information given by the person under trial
in any confession or statement which by law is not admissible in evidence against him on such
trial, and notwithstanding that the fact has been discovered and come to the knowledge of the
witness against the wish or will of the accused.
(2) It shall be lawful to admit evidence that anything was pointed out by the person under
trial or that any fact or thing was discovered in consequence of information given by such
person notwithstanding that such pointing out or information forms part of a confession or
statement which by law is not admissible against him on such trial.
258A Admissibility or inadmissibility of illegally-obtained evidence
(1) 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 court 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 law 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
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