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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

  • Explanatory Memorandum Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004. For other versions of these Explanatory Memorandum, see More Resources.

  1. Introduction

  2. Background and Policy Objectives

  3. Human Rights Issues

  4. Main Elements of the Order

  5. Commentary on Articles

    1. Part II: Evidence of Bad Character

      1. “Bad character”

    2. Abolition of common law rules

    3. Non-defendant’s bad character

    4. Defendant’s bad character

    5. “Important explanatory evidence”

    6. “Matter in issue between the defendant and the prosecution”

    7. “Matter in issue between a defendant and co-defendant”

    8. “Evidence to correct a false impression”

    9. “Attack on another person’s character”

    10. Stopping the case where evidence contaminated

    11. Offences committed by a defendant when a child

    12. Assumption of truth in assessment of relevance or probative value

    13. Court’s duty to give reasons for rulings

    14. Rules of court

    15. Interpretation of Part II

      1. Part III:  Hearsay Evidence

    16. Admissibility of hearsay evidence

    17. Statements and matters stated

    18. Cases where a witness is unavailable

    19. Business and other documents

    20. Preservation of certain common law rules in relation to hearsay

    21. Inconsistent statements

    22. Other previous statements of witnesses

    23. Additional requirement for admissibility of multiple hearsay

    24. Documents produced as exhibits

    25. Capability to make statement

    26. Credibility

    27. Stopping the case where evidence is unconvincing

    28. Court’s general discretion to exclude evidence

    29. Expert evidence:  preparatory work

    30. Confessions

    31. Representations other than by a person

    32. Evidence at retrial

    33. Rules of court

    34. Proof of statements in documents

    35. Interpretation of Part III

    36. Repeals

      1. Part IV:  Other Evidence

        1. Evidence by video recording

    37. Video evidence: further provisions

    38. Use of documents to refresh memory

    39. Interpretation of Part IV

      1. Part V:  Final Provisions

        1. Saving

    40. Supplementary and consequential provisions

    41. Orders

    42. Consequential amendments and repeals

  6. Commencement

  • Explanatory Memorandum Table of contents

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