3.—(1) In Parts 1, 2 and 3, unless the context otherwise requires —| “child abuse offence” means any offence specified in Part 1 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence; |
“copy of a document” includes —| (a) | in the case of a document falling within paragraph (d) but not paragraph (e) of the definition of “document”, a transcript of the sounds or other data embodied in it; | | (b) | in the case of a document falling within paragraph (e) but not paragraph (d) of that definition, a reproduction or still reproduction of the image or images embodied in it, whether enlarged or not; | | (c) | in the case of a document falling within paragraphs (d) and (e) of that definition, such a transcript together with such a still reproduction; and | | (d) | in the case of a document not falling within paragraph (e) of that definition of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged or not, |
| and any reference to a copy of the material part of a document must be construed accordingly; |
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| “country” includes a territory; |
| “court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence; |
“document” includes, in addition to a document in writing —| (a) | any map, plan, graph or drawing; | | (b) | any photograph; | | (c) | any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever; | | (d) | any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; | | (e) | any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and | | (f) | any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; |
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| “electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or transmitted from one information system to another; |
“evidence” includes —| (a) | all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and | | (b) | all documents produced for the inspection of the court: such documents are called documentary evidence; |
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“fact” includes —| (a) | any thing, state of things, or relation of things, capable of being received by the senses; and | | (b) | any mental condition of which any person is conscious; | | (a) That there are certain objects arranged in a certain order in a certain place is a fact. |
| | (b) That a man heard or saw something is a fact. |
| | (c) That a man said certain words is a fact. |
| | (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. |
| | (e) That a man has a certain reputation is a fact. |
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“fact in issue” includes any fact from which either by itself or in connection with other facts the existence, non‑existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows; | | A is accused of the murder of B. |
| | At A’s trial the following facts may be in issue: |
| | (a) | that A caused B’s death; |
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| | (b) | that A intended to cause B’s death; |
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| | (c) | that A had received grave and sudden provocation from B; |
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| | (d) | that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature. |
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| “sexual offence” means any offence specified in Part 2 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence. [4/2012; 16/2016; 20/2018] |
| (2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. |
| (3) A fact is said to be “proved” when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it exists. |
| (4) A fact is said to be “disproved” when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. |
| (5) A fact is said to be “not proved” when it is neither proved nor disproved. |
(6) For the purposes of sections 23, 128, 130 and 131, a reference to “advocate or solicitor” in those sections includes a reference to the following:| (a) | any public officer in the Attorney-General’s Chambers when he or she acts as an advocate or a solicitor; | | (b) | the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor. [Act 23 of 2022 wef 01/12/2022] |
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(7) In sections 23, 128A, 130 and 131, a “legal counsel” means —| (a) | a person (by whatever name called) who is an employee of an entity employed to undertake the provision of legal advice or assistance in connection with the application of the law or any form of resolution of legal disputes; | | (aa) | any Deputy Attorney‑General; or | | (b) | a Judicial Service Officer or Legal Service Officer —| (i) | working in a ministry or department of the Government or an Organ of State as legal adviser to that ministry or department or Organ of State; or | | (ii) | seconded as legal adviser to any statutory body established or constituted by or under a public Act for a public function. [4/2012; 41/2014] [Act 33 of 2021 wef 14/01/2022] |
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