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


Print Options


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