The National Crime Squad (Senior Police Members) (Appeals) Order 1998

Statements in lieu of oral evidence

18.—(1) Subject to the provisions of this article, the NCS appeals tribunal may admit evidence by way of a written statement made by a person, notwithstanding that he may not be called as a witness, so, however, that evidence shall not be admissible thereunder if it would not have been admissible had it been given orally.

(2) For the purposes hereof, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.

(3) If either of the parties proposes to adduce written evidence in pursuance of this article at a hearing, he shall give the other party a copy of the statement at least 21 days before the date of that hearing and invite that party to agree or object, in writing, to the admission of the statement in evidence without the maker thereof being called as a witness and being available for cross-examination and, if that party, within 14 days from the receipt by him of the copy of the statement has so objected, the statement shall only be admitted in evidence if the maker is called and is available as aforesaid:

• Provided that if the parties in writing agree in the case of a particular statement, this paragraph shall have effect in relation to that statement as though—

  (a)

  the reference to a period of 21 days were a reference to such shorter period as they may agree;

  (b)

  the reference to a period of 14 days were a reference to such shorter period, expiring before the date of the hearing, as they may agree.

(4) Where, notwithstanding that the other party has not so objected and a written statement has been admitted in evidence without the maker thereof being called and being available as aforesaid, the NCS appeals tribunal is of the opinion that oral evidence should be given, it may request that the maker be called as a witness and, in such cases, unless the maker gives oral evidence, the tribunal shall be entitled to disregard the written evidence.

(5) Nothing in this article shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.