Part VII
- (b) prima facie evidence is adduced that the accused was subjected to torture, inhuman or degrading treatment, violence or the threat of violence in order to induce him to make the statement, and
- (c) the prosecution does not satisfy the court that the statement was not obtained in the manner mentioned in paragraph (b).
(4) If the statement has not yet been given in evidence, the court shall—
- (a) exclude the statement, or
- (b) direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).
(5) If the statement has been given in evidence, the court shall—
- (a) disregard it, or
- (b) direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).
(6) This section is without prejudice to any discretion of a court to—
- (a) exclude or ignore a statement, or
- (b) direct a trial to be restarted,
where the court considers it appropriate in order to avoid unfairness to the accused or otherwise in the interests of justice.
Possession: onus of proof. 77.—(1) This section applies to a trial on indictment for a scheduled offence where the accused is charged with possessing an article in such circumstances as to constitute an offence under any of the enactments listed in subsection (3).
(2) If it is proved that the article—
- (a) was on any premises at the same time as the accused, or
- (b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,
the court may assume that the accused possessed (and, if relevant, knowingly possessed) the article, unless he proves that he did not know of its presence on the premises or that he had no control over it.
(3) The following are the offences mentioned in subsection (1)—
1883 c. 3.The Explosive Substances Act 1883
Section 3, so far as relating to subsection (1)(b) thereof (possessing explosive with intent to endanger life or cause serious damage to property).
Section 4 (possessing explosive in suspicious circumstances).
1969 c. 29 (N.I.).The Protection of the Person and Property Act (Northern Ireland) 1969
Section 2 (possessing petrol bomb, &c. in suspicious circumstances).
S.I. 1981/155 (N.I. 2).The Firearms (Northern Ireland) Order 1981
Article 6(1) (manufacturing, dealing in or possessing certain weapons, &c.).
