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

Principles to be followed by the court

5.—(1) If, having regard to all the circumstances—

(a) the Crown Court—

(i) on a trial on indictment; or

(ii) on the hearing of an application under Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charges of fraud transferred from magistrates' court to Crown Court); or

(b) the Court of Appeal; or

(c) the county court on an appeal from a magistrates' court; or

(d) a magistrates' court in summary proceedings within the meaning of Article 2(3) of the Magistrates' Courts (Northern Ireland) Order 1981(1),

is of the opinion that in the interests of justice a statement which is admissible by virtue of Article 3 or 4 nevertheless ought not to be admitted, it may direct that the statement shall not be admitted.

(2) Without prejudice to the generality of paragraph (1), it shall be the duty of the court to have regard—

(a) to the nature and source of the document containing the statement and to whether or not, having regard to its nature and source and to any other circumstances that appear to the court to be relevant, it is likely that the document is authentic;

(b) to the extent to which the statement appears to supply evidence which would otherwise not be readily available;

(c) to the relevance of the evidence that it appears to supply to any issue which is likely to have to be determined in the proceedings; and

(d) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them.

(1)

1981 NI 26