Section 188A: Admissibility of sound recording

188A. Admissibility of sound recording (1) Subject to subsection (2), the sound recording of any evidence given by any person charged with an offence shall be admissible in evidence in any criminal proceedings where it is given to an investigating officer in the course of an investigation of an offence. (2) In the case of evidence of an admission, the sound recording of any evidence shall be admissible where— (a) the recording is made in the course of official questioning in accordance with the requirements set out in the Third Schedule; and (b) the admission is made by a person who is reasonably suspected by an investigating officer as having committed an offence. (3) The President may, by Order, specify the offences in relation to which the sound recording of evidence of an admission by an accused party shall be a condition precedent to the admissibility of such admission in evidence. C54 – 49 [Issue 1] Courts Act (4) In this section— “investigating officer” means a police officer or any public officer whose function or duties includes functions or duties in respect of prevention or investigation of offences; “sound recording” includes recording of visual images or sounds. (5) The common law rule against hearsay shall not prevent the admissibility or use of a sound recording as evidence under this section and the sound recording shall be admissible in evidence at any trial to the same extent and in the same manner as documentary evidence would be admissible. [S. 188A inserted by Act 4 of 1999.]