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Article 75 Confessions by mentally handicapped personsC1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Without prejudice to the general duty of the court at a trial on indictmentF1 with 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—

(a)

the case against the accused depends wholly or substantially on a confession by him; and

(b)

the court is satisfied—

(i)

that he is mentally handicapped; and

(ii)

that the confession was not made in the presence of an independent person,

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 sub‐paragraphs (a) and (b).

(2)

In any case where a person is being tried summarily for an offence it appears to the court that a warning under paragraph (1) would be required if the trial were on indictmentF2 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.

F3(2A)

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 paragraph (1) 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.

(3)

In this Article—

  • “independent person” does not include a constable 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” includes the purposes of F4police trainees, police reserve trainees and police cadets appointed under sections 39, 40 and 42 respectively of the Police (Northern Ireland) Act 2000 (c. 32) and of the police support staff.

Annotations

Textual amendments

F1

Words in art. 75(1) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336(3), Sch. 36 para. 61(2); S.I. 2006/3422, art. 2(b)(c)

F2

Words in art. 75(2) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336(3), Sch. 36 para. 61(3); S.I. 2006/3422, art. 2(b)(c)

F3

Art. 75(2A) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336(3), Sch. 36 para. 61(4); S.I. 2006/3422, art. 2(b)(c)

F4

Art. 75(3): words in definition of "police purposes" substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 38(2)

Modifications

C1

Art. 75 applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2

Notes on the whole Order

Textual amendments

F1

mod. by 2005 c. 2