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

Status:

This is the original version (as it was originally made).

Business etc. documents

4.—(1) Subject—

(a)to paragraphs (3) and (4); and

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

a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied—

(i)the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and

(ii)the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.

(2) Paragraph (1) applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it—

(a)in the course of a trade, business, profession or other occupation; or

(b)as the holder of a paid or unpaid office.

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

(4) A statement prepared otherwise than in accordance with Article 9 or an order under paragraph 6 of Schedule 13 to the Criminal Justice Act 1988(2) or under Article 10 or 11 for the purposes—

(a)of pending or contemplated criminal proceedings; or

(b)of a criminal investigation,

shall not be admissible by virtue of paragraph (1) unless—

(i)the requirements of one of the sub-paragraphs of paragraph (2) of Article 3 are satisfied; or

(ii)the requirements of paragraph (3) of that Article are satisfied; or

(iii)the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.

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