Section 188B: Admissibility of written statements

188B. Admissibility of written statements (1) In any criminal proceedings, a written statement by a person shall be admissible as evidence to the like extent as oral evidence where— (a) the statement purports to be signed by the person who made it; (b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he could be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true; (c) before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and (d) none of the other parties or their Counsel, within 7 days from the service of the copy of the statement, has served a notice on the party proposing to tender it in evidence objecting to the statement being so tendered. (2) Notwithstanding subsection (1), if the parties agree before or during the hearing that the statements shall be tendered in evidence, the conditions set out in subsection (1) (c) and (d) shall not apply. (3) The following provisions shall also have effect in relation to any written statement tendered in evidence under this section— (a) where the statement is made by a person under the age of 21, the age of the person shall be stated; (b) where it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and (c) where it refers to any other document as an exhibit, the copy served on any party to the proceedings under subsection (1) (c) shall be accompanied by a copy of that document or by such [Issue 1] C54 – 50 Revised Laws of Mauritius information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof. (4) Notwithstanding subsection (1)— (a) the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; or (b) the Court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the Court and give evidence. (5) An application to a Court may be made under subsection (4) (b) before the hearing and, on any such application, the powers of the Court shall be exercisable— (a) in the case of a District Court, by the Magistrate of the District Court; (b) in the case of the Intermediate Court, by the President of the Intermediate Court; (c) in the case of the Industrial Court, by the President of the Industrial Court; (d) in the case of the Supreme Court, by any Judge of the Supreme Court. (6) The statement admitted in evidence under this section shall be read aloud at the hearing unless the Court directs that only part of the statement shall be so read and, where the Court so directs, an account shall be given orally of the part of the statement that is not read aloud. (7) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in Court by the maker of the statement. (8) A document required by this section to be served on any person may be served— (a) by delivering it to him or to his Counsel; (b) by addre where the Court so directs, an account shall be given orally of the part of the statement that is not read aloud. (7) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in Court by the maker of the statement. (8) A document required by this section to be served on any person may be served— (a) by delivering it to him or to his Counsel; (b) by addressing it to him and leaving it as his usual or last known place of abode or place of business or by addressing it to his Counsel and leaving it at his office; (c) by sending it in a registered letter or by the recorded delivery service addressed to him at his usual or last known place of abode or place of business or addressed to his Counsel at his office; or (d) in the case of a body corporate, by delivering it to the secretary or clerk of the body corporate at its registered or principal office or sending it in a registered letter or by the recorded delivery service addressed to the secretary or clerk of that body corporate at that office. [S. 188B inserted by s. 3 (k) of Act 4 of 1999 w.e.f. 14 February 2000; amended by s. 11 (1) (e) of Act 39 of 2011 w.e.f. 1 June 2011.] C54 – 51 [Issue 4] Courts Act