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The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988

Status:

This is the original version (as it was originally made).

First-hand hearsay

3.—(1) Subject—

(a)to paragraph (4); and

(b)to paragraph 2A of Schedule 1 to the Criminal Appeal (Northern Ireland) Act 1980(1),

a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—

(i)the requirements of one of the sub-paragraphs of paragraph (2) are satisfied; or

(ii)the requirements of paragraph (3) are satisfied.

(2) The requirements mentioned in paragraph (1)(i) are—

(a)that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;

(b)that—

(i)the person who made the statement is outside the United Kingdom; and

(ii)it is not reasonably practicable to secure his attendance; or

(c)that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.

(3) The requirements mentioned in paragraph (1)(ii) are—

(a)that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and

(b)that the person who made it does not give oral evidence through fear or because he is kept out of the way.

(4) Paragraph (1) does not render admissible a confession made by an accused person that would not otherwise be admissible in law.

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