Section 77 Confessions by mentally handicapped persons.E1C1C2C3C4C5

Without prejudice to the general duty of the court at a trial on indictment F1with a jury to direct the jury on any matter on which it appears to the court appropriate to do so, where at such a trial—

the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession, and shall explain that the need arises because of the circumstances mentioned in paragraphs (a) and (b) above.

In any case where at the summary trial of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were on indictment F2with a jury , the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

In this section—

• “independent person” does not include a police officer or a person employed for, or engaged on, police purposes;

• “mentally handicapped”, in relation to a person, means that he is in a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; and

• “police purposes” has the meaning assigned to it by F4section 101(2) of the M1Police Act 1996.