Textual Amendments
F1Sch. 2 repealed (prosp.) by Criminal Justice Act 2003 (c. 44), ss. 41, 332, 336, Sch. 3 Pt. 2 para. 66(8), Sch. 37
1(1)Sub-paragraph (2) applies if—E+W
(a)a written statement has been admitted in evidence in proceedings before a magistrates’ court inquiring into an offence as examining justices,
(b)in those proceedings a person has been committed for trial,
(c)for the purposes of section 5A of the M1Magistrates’ Courts Act 1980 the statement complied with section 5B of that Act prior to the committal for trial,
(d)the statement purports to be signed by a justice of the peace, and
(e)sub-paragraph (3) does not prevent sub-paragraph (2) applying.
(2)Where this sub-paragraph applies the statement may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.
(3)Sub-paragraph (2) does not apply if—
(a)it is proved that the statement was not signed by the justice by whom it purports to have been signed,
(b)the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or
(c)a party to the proceedings objects to sub-paragraph (2) applying.
(4)If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.
Modifications etc. (not altering text)
C1Sch. 2 para. 1 excluded by 1972 c. 71, s. 46(1C)(b) (as inserted (4.7.1996 but with effect in accordance with S.I. 1997/683, art. 1(2)) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 22(3) (with s. 78(1)).
Sch. 2 para. 1 excluded by 1968 c. 19, s. 8, Sch. 2 para. 1 (as substituted (4.7.1996 but with effect in accordance with S.I. 1997/683, art. 1(2)) by 1996 c. 25, s. 68, Sch. 2 para.5 (with s. 78(2))).
Marginal Citations