PART 4

EVIDENCE

Witness statements: use during trial
85
1
The 1995 Act is amended as follows.
2
After section 261 insert—

Witness statements

Witness statements: use during trial
261A
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)”.