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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

Statements by accused

109Statements by accused

(1)After section 261 of the 1995 Act there is inserted—

261ZAStatements by accused

(1)Evidence of a statement to which this subsection applies is not inadmissible as evidence of any fact contained in the statement on account of the evidence’s being hearsay.

(2)Subsection (1) applies to a statement made by the accused in the course of the accused’s being questioned (whether as a suspect or not) by a constable, or another official, investigating an offence.

(3)Subsection (1) does not affect the issue of whether evidence of a statement made by one accused is admissible as evidence in relation to another accused..

(2)The title of section 261 of the 1995 Act becomes “Statements by co-accused”.

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