Criminal Law
Section 164 Statement
A statement or confession recorded by a magistrate during investigation, carrying greater evidentiary weight than a statement recorded merely by police.
Unlike a statement given to police (which generally cannot be used as substantive evidence against the accused), a statement recorded before a magistrate carries significant evidentiary value, and is commonly used to record the testimony of vulnerable witnesses, including child victims, at an early stage.
Magistrates are required to satisfy themselves the statement is being given voluntarily before recording it.
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