Search Legislation

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

Cases where a witness is unavailable

38.Article 20sets out a series of categories under which first hand hearsay evidence, whether oral or documentary, will be admissible, provided that the witness is unavailable to testify for a specified reason.

39.The specified reasons are that the person is:

  • Dead;

  • Unfit because of bodily or mental condition;

  • Absent abroad;

  • Disappeared; or

  • Unwilling to give evidence through fear.

40.A number of conditions apply to the admissibility of such evidence.

Back to top

Options/Help

Print Options

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources