Section 161BA: Agreement on facts between prosecution and defence in criminal
This section is inserted by The Anti-money Laundering and Combatting the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2024, section 5.
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
161BA. Agreement on facts between prosecution and defence in criminal
proceedings
The prosecution and the defence may, in relation to any criminal
proceedings, agree that an alleged fact contained in the information, any
document or any other evidence, is not contested and a Judge or Magistrate may
consider the alleged fact as proved.
(c) in section 188C –
(i) by deleting the heading and replacing it by the following heading –
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Questions this section answers
- Can the prosecution and defence in a criminal case agree that a fact is not disputed, so it need not be proved?
- Can a Judge or Magistrate treat an agreed fact as proved without further evidence being given on it?