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The Armed Forces (Court Martial) Rules 2009

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Notice of intention to adduce hearsay evidence

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81.  (1)  Where a party to trial proceedings proposes to adduce a hearsay statement, or (in the case of a defendant) to cross-examine a witness with a view to eliciting evidence of such a statement, on the basis that the statement is admissible by virtue of—

(a)section 114(1)(d) of the 2003 Act (interests of justice),

(b)section 116 of that Act (maker of statement unavailable to give oral evidence), or

(c)section 117 of that Act (statement contained in a document),

he must serve on the court administration officer and all other parties to the proceedings a notice to that effect.

(2) A notice under this rule—

(a)must give details of the statement that the party serving the notice proposes to tender in evidence;

(b)where the statement is contained in a document which has not already been served on all the other parties, must include a copy of the document;

(c)where the notice is served by the Director and oral evidence of the statement is to be given, must identify any witness who is to give it;

(d)must specify whether the party serving the notice proposes to tender the statement by virtue of section 114(1)(d), 116 or 117 of the 2003 Act;

(e)where he proposes to tender the statement by virtue of section 114(1)(d) of that Act, must specify which of the factors mentioned in section 114(2) of that Act he considers to be relevant, and how they are relevant; and

(f)where the statement is evidence that an earlier hearsay statement was made, must specify whether he proposes to tender it by virtue of section 121(1)(a), (b) or (c) of that Act.

(3) Where a notice under this rule is served by the Director, it must be served not more than 14 days after the Director serves advance information in respect of the charge to which the evidence relates.

(4) Where a notice under this rule is served by a defendant, it must be served not more than 14 days after the Director complies or purports to comply with article 4 of the CPIA Order.

(5) Where—

(a)a notice has been served under this rule in relation to a hearsay statement, and

(b)no counter-notice has been served in accordance with rule 82 in relation to the statement,

the statement is to be treated as admissible by agreement of the parties.

(6) In this rule “hearsay statement” means a statement which—

(a)is not made in oral evidence in the proceedings; and

(b)is relied on as evidence of a matter stated in it.

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