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Terrorism Act 2000

Status:

This is the original version (as it was originally enacted).

76Admission in trial on indictment

This section has no associated Explanatory Notes

(1)This section applies to a trial on indictment for—

(a)a scheduled offence, or

(b)two or more offences at least one of which is a scheduled offence.

(2)A statement made by the accused may be given in evidence by the prosecution in so far as—

(a)it is relevant to a matter in issue in the proceedings, and

(b)it is not excluded or inadmissible (whether by virtue of subsections (3) to (5) or otherwise).

(3)Subsections (4) and (5) apply if in proceedings to which this section applies—

(a)the prosecution gives or proposes to give a statement made by the accused in evidence,

(b)prima facie evidence is adduced that the accused was subjected to torture, inhuman or degrading treatment, violence or the threat of violence in order to induce him to make the statement, and

(c)the prosecution does not satisfy the court that the statement was not obtained in the manner mentioned in paragraph (b).

(4)If the statement has not yet been given in evidence, the court shall—

(a)exclude the statement, or

(b)direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).

(5)If the statement has been given in evidence, the court shall—

(a)disregard it, or

(b)direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).

(6)This section is without prejudice to any discretion of a court to—

(a)exclude or ignore a statement, or

(b)direct a trial to be restarted,

where the court considers it appropriate in order to avoid unfairness to the accused or otherwise in the interests of justice.

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