PART 4EVIDENCE

I185Witness statements: use during trial

1

The 1995 Act is amended as follows.

2

After section 261 insert—

Witness statements

261AWitness statements: use during trial

1

Subsection (2) applies where—

a

a witness is giving evidence in criminal proceedings,

b

the witness has made a prior statement,

c

the prosecutor has seen or has been given an opportunity to see the statement, and

d

the accused (or a solicitor or advocate acting on behalf of the accused in the proceedings) has seen or has been given an opportunity to see the statement.

2

The court may allow the witness to refer to the statement while the witness is giving evidence.

3

In section 262 (construction of sections 259 to 261 of Act)—

a

in the title, for “261” substitute “ 261A ”,

b

in each of subsections (1) to (4), for “261” substitute “ 261A ”, and

c

in subsection (3)—

i

in the definition of “criminal proceedings”, after “include” insert “ (other than in section 261A) ”, and

ii

in the definition of “made”, after “includes” insert “ (other than in section 261A) ”.