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

Business and other documents

41.Article 21 provides for the admissibility of statements in documentary records provided certain conditions are met. These conditions are:

  • That the document was created or received by a person in the course of a trade, business, profession or as the holder of a paid or unpaid office; and

  • That the person who supplied the information in the statement had or may reasonably be supposed to have had personal knowledge of the matters dealt with in the statement

  • That the evidence is oral evidence; and

  • That each person through whom the information was supplied received the information in the course of a trade, business, profession or as the holder of a paid / unpaid office.

42.In the case of documents prepared for the purpose of criminal investigations or proceedings the statement will only be admissible if the supplier of the information is unavailable or cannot reasonably be expected to recall any of the matters dealt with in the statement.

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