s.152Interpretation of certain references in sections 148, 149, 150 and 151
152
Section 152Part 10 — Miscellaneous

Interpretation of certain references in sections 148, 149, 150 and 151

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152. (1) In sections 148(2), 149(3), 150(2) and 151(2), references to an offence charged include references to any other offence of which the accused could lawfully be convicted on that charge.
In sections 148(3), 150(5) and 151(4) references to an authorised place of detention include a police station, prison or any other prescribed place of detention.
Nothing in sections 148, 149, 150 or 151 prejudices the operation of a provision of any Law which provides, in whatever words, that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence Police Act (2021 Revision) Section 153 c Revised as at 31st December, 2020 Page 97 against that person or some other person in any proceedings or class of proceedings.
In subsection (3), the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.
Nothing in sections 148, 149, 150 or 151 prejudices any power of a court, in any proceedings, to exclude evidence, whether by preventing questions being put or otherwise, at its discretion.
Where the court or jury is entitled to draw such inferences as appear proper pursuant to these provisions, the court or jury is entitled to take into account the failure to mention the fact or failure to testify as an additional evidential factor in support of the prosecution case.
A person shall not have the proceedings against that person transferred to the Grand Court for trial, have a case to answer or be convicted of an offence —
solely; or
mainly, on an inference drawn from such a failure or refusal as is mentioned in section 148(2), 149(3), 150(2) or 151(2).

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