(1)A Magistrate may record a statement made to him or her 2021at any time before a trial begins.
Section history
Section 280 — Power of Magistrate to record statements
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(2)The statement must be recorded in full, and a question asked by the Magistrate and the answer given to him or her 2021must be clearly shown as being a question and answer.
(3)The Magistrate must not record the statement if, on questioning the person making it, he2021the Magistrate2021 does not believe it was made voluntarily.
(4)The Magistrate must make a note at the foot of this record as follows:
“I believe that this statement was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it. The maker of the statement has admitted that it is correct and contains a full and true account of what he/she said.
(signed) A.B. Magistrate”.2018
Magistrate”.
(5)If the person making the statement does not understand English, the proceedings must be interpreted for him2021the person2021 in his or her2021 own language or in a language he or she 2021understands, and the note referred to2021mentioned2021 in subsection (4) must be signed by the Magistrate and by the interpreter.
(6)Taking and recording a statement disqualifies the Magistrate who has taken and recorded it from trying the case.
(7)If an accused’s confession recorded under this section is presented to a court as evidence, but the court finds that the Magistrate recording the statement did not fully comply with this section, it must take evidence as to whether the accused duly made the statement recorded and, if it is satisfied of that, it must admit the statement in evidence if the error has not prejudiced the accused’s defence on the merits.