(1) This section applies only in criminal proceedings and only in relation to evidence of a confession made by a defendant where the issue of admissibility of the confession is raised by the defendant.
(2) Evidence of a confession referred to in subsection (1) is not admissible unless the circumstances in which the confession was made were such as to make it unlikely that the truth of the confession was adversely affected.
(3) For the purposes of subsection (2), evidence that the confession is true or untrue is not relevant.
(4) For the purposes of subsection (2), the matters that the court shall take into account include—
(a) any relevant condition or characteristic of the person who made the confession, including the age, personality and education of the person and any mental, intellectual or physical disability to which the person is or appears to be subject; and
(b) if the confession was made in response to questioning—
(i) the nature of the questions and the manner in which they were put, and
(ii) the nature of any threat, promise or representation made to the person questioned.
(Amended by Act 46 of 2006)