Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004 Explanatory Memorandum

1. Introduction

2. Background and Policy Objectives

3. Human Rights Issues

4. Main Elements of the Order

5. Commentary on Articles

   1. Part II: Evidence of Bad Character

      1. “Bad character”

   2. Abolition of common law rules

   3. Non-defendant’s bad character

   4. Defendant’s bad character

   5. “Important explanatory evidence”

   6. “Matter in issue between the defendant and the prosecution”

   7. “Matter in issue between a defendant and co-defendant”

   8. “Evidence to correct a false impression”

   9. “Attack on another person’s character”

   10. Stopping the case where evidence contaminated

   11. Offences committed by a defendant when a child

   12. Assumption of truth in assessment of relevance or probative value

   13. Court’s duty to give reasons for rulings

   14. Rules of court

   15. Interpretation of Part II

       1. Part III:  Hearsay Evidence

   16. Admissibility of hearsay evidence

   17. Statements and matters stated

   18. Cases where a witness is unavailable

   19. Business and other documents

   20. Preservation of certain common law rules in relation to hearsay

   21. Inconsistent statements

   22. Other previous statements of witnesses

   23. Additional requirement for admissibility of multiple hearsay

   24. Documents produced as exhibits

   25. Capability to make statement

   26. Credibility

   27. Stopping the case where evidence is unconvincing

   28. Court’s general discretion to exclude evidence

   29. Expert evidence:  preparatory work

   30. Confessions

   31. Representations other than by a person

   32. Evidence at retrial

   33. Rules of court

   34. Proof of statements in documents

   35. Interpretation of Part III

   36. Repeals

       1. Part IV:  Other Evidence

          1. Evidence by video recording

   37. Video evidence: further provisions

   38. Use of documents to refresh memory

   39. Interpretation of Part IV

       1. Part V:  Final Provisions

          1. Saving

   40. Supplementary and consequential provisions

   41. Orders

   42. Consequential amendments and repeals

6. Commencement