n Annual Survey of South African Law - The law of evidence
|Article Title||The law of evidence|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 University of Cape Town|
|Publication Date||Jan 2013|
|Pages||848 - 862|
The Criminal Law (Forensic Procedures) Amendment Act 6 of 2010 came into operation on 18 January 2013. The only direct evidence provision that it amends is section 225. The amendment has limited substance except for the introduction of the word 'body prints' (see below). Section 225 retains the provision that non-compliance with the procedures set out in the Act, or the fact that the forensic evidence was obtained against the wishes of the accused, will not make the evidence inadmissible. Fortunately, the admission of evidence obtained in a manner that infringes any of the accused's constitutional rights will remain to be excluded in terms of section 35(5) of the Constitution.
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