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

Use of documents to refresh memory

70.Article 41creates a presumption that a witness in criminal proceedings may refresh his memory from a document whilst giving evidence, providing that:

  • He indicates that the document represents his recollection at the time he made it; and

  • His recollection was likely to be significantly better at the time the document was made (or verified).

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