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Criminal Jurisdiction Act 1975

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This is the original version (as it was originally enacted).

Evidence in criminal proceedings

9Admissibility of written statements made in the Republic of Ireland

(1)Section 1 of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 and section 3 of the [1968 c. 32 (N.I.).] Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968 (use of written statements as evidence in preliminary proceedings and in trial) shall apply to written statements made in the Republic of Ireland as well as to written statements made in Northern Ireland.

(2)For sections 1A and IB of the [1946 c. 13 (N.I.).] Perjury Act (Northern Ireland) 1946 there shall be substituted the following section—

“1AFalse written statements tendered in evidence.

(1)If any person in a written statement tendered in evidence in criminal proceedings by virtue of—

(a)section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, or

(b)section 3 of the Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968,

wilfully makes a statement material in those proceedings which he knows to be false, or does not believe to be true, he shall be guilty of an offence.

(2)If any person in a written statement made in Northern Ireland and tendered in evidence in the Republic of Ireland in any criminal proceedings wilfully makes a statement material in those proceedings which he knows to be false, or does not believe to be true, he shall be guilty of an offence.

(3)A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.

(4)This section is without prejudice to section 1, and subsection (1) of this section applies whether the written statement is made in Northern Ireland or in the Republic of Ireland.”

(3)Section 1(10) of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 and section 10 of the [1968 c. 32 (N.I.).] Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968, which amended the [1946 c. 13 (N.I.).] Perjury Act (Northern Ireland) 1946 and which are superseded by subsection (2) above, shall cease to have effect.

10Evidence on committal for trial

If in proceedings under the Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968 it appears to the court that a witness is in the Republic of Ireland, and that it is not reasonably practicable to secure his attendance, section 4(2) of that Act (right of the parties to require attendance of witness) shall not apply to that witness.

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