PART VIIDocumentary Evidence in Criminal Proceedings

68Evidence from documentary records

1

Subject to section 69 below, a statement in a document shall be admissible in any proceedings as evidence of any fact stated therein of which direct oral evidence would be admissible if—

a

the document is or forms part of a record compiled by a person acting under a duty from information supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information; and

b

any condition relating to the person who supplied the information which is specified in subsection (2) below is satisfied.

2

The conditions mentioned in subsection (1)(b) above are—

a

that the person who supplied the information—

i

is dead or by reason of his bodily or mental condition unfit to attend as a witness ;

ii

is outside the United Kingdom and it is not reasonably practicable to secure his attendance; or

iii

cannot reasonably be expected (having regard to the time which has elapsed since he supplied or acquired the information and to all the circumstances) to have any recollection of the matters dealt with in that information;

b

that all reasonable steps have been taken to identify the person who supplied the information but that he cannot be identified; and

c

that, the identity of the person who supplied the information being known, all reasonable steps have been taken to find him, but that he cannot be found.

3

Nothing in this section shall prejudice the admissibility of any evidence that would be admissible apart from this section.