3E+W[F1The following sections shall be inserted after section 5—
(1)Evidence falling within subsection (2) below, and only that evidence, shall be admissible by a magistrates’ court inquiring into an offence as examining justices.
(2)Evidence falls within this subsection if it—
(a)is tendered by or on behalf of the prosecutor, and
(b)falls within subsection (3) below.
(3)The following evidence falls within this subsection—
(a)written statements complying with section 5B below;
(b)the documents or other exhibits (if any) referred to in such statements;
(c)depositions complying with section 5C below;
(d)the documents or other exhibits (if any) referred to in such depositions;
(e)statements complying with section 5D below;
(f)documents falling within section 5E below.
(4)In this section “document” means anything in which information of any description is recorded.
(1)For the purposes of section 5A above a written statement complies with this section if—
(a)the conditions falling within subsection (2) below are met, and
(b)such of the conditions falling within subsection (3) below as apply are met.
(2)The conditions falling within this subsection are that—
(a)the statement purports to be signed by the person who made it;
(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;
(c)before the statement is tendered in evidence a copy of the statement is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.
(3)The conditions falling within this subsection are that—
(a)if the statement is made by a person under 18 years old, it gives his age;
(b)if it is made by a person who cannot read it, it is read to him before he signs it and is accompanied by a declaration by the person who so read the statement to the effect that it was so read;
(c)if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2)(c) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it.
(4)So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(5)Any document or other object referred to as an exhibit and identified in a statement admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(6)In this section “document” means anything in which information of any description is recorded.
(1)For the purposes of section 5A above a deposition complies with this section if—
(a)a copy of it is sent to the prosecutor under section 97A(9) below,
(b)the condition falling within subsection (2) below is met, and
(c)the condition falling within subsection (3) below is met, in a case where it applies.
(2)The condition falling within this subsection is that before the magistrates’ court begins to inquire into the offence concerned as examining justices a copy of the deposition is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings.
(3)The condition falling within this subsection is that, if the deposition refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it.
(4)So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud.
(5)Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the person whose evidence is taken as the deposition.
(6)In this section “document” means anything in which information of any description is recorded.
(1)For the purposes of section 5A above a statement complies with this section if the conditions falling within subsections (2) to (4) below are met.
(2)The condition falling within this subsection is that, before the committal proceedings begin, the prosecutor notifies the magistrates’ court and each of the other parties to the proceedings that he believes—
(a)that the statement might by virtue of section 23 or 24 of the M1Criminal Justice Act 1988 (statements in certain documents) be admissible as evidence if the case came to trial, and
(b)that the statement would not be admissible as evidence otherwise than by virtue of section 23 or 24 of that Act if the case came to trial.
(3)The condition falling within this subsection is that—
(a)the prosecutor’s belief is based on information available to him at the time he makes the notification,
(b)he has reasonable grounds for his belief, and
(c)he gives the reasons for his belief when he makes the notification.
(4)The condition falling within this subsection is that when the court or a party is notified as mentioned in subsection (2) above a copy of the statement is given, by or on behalf of the prosecutor, to the court or the party concerned.
(5)So much of any statement as is in writing and is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(1)The following documents fall within this section—
(a)any document which by virtue of any enactment is evidence in proceedings before a magistrates’ court inquiring into an offence as examining justices;
(b)any document which by virtue of any enactment is admissible, or may be used, or is to be admitted or received, in or as evidence in such proceedings;
(c)any document which by virtue of any enactment may be considered in such proceedings;
(d)any document whose production constitutes proof in such proceedings by virtue of any enactment;
(e)any document by the production of which evidence may be given in such proceedings by virtue of any enactment.
(2)In subsection (1) above—
(a)references to evidence include references to prima facie evidence;
(b)references to any enactment include references to any provision of this Act.
(3)So much of any document as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any document as is not read aloud.
(4)In this section “document” means anything in which information of any description is recorded.
(1)Where a statement, deposition or document is admissible in evidence by virtue of section 5B, 5C, 5D or 5E above it may be proved by the production of—
(a)the statement, deposition or document, or
(b)a copy of it or the material part of it.
(2)Subsection (1)(b) above applies whether or not the statement, deposition or document is still in existence.
(3)It is immaterial for the purposes of this section how many removes there are between a copy and the original.
(4)In this section “copy”, in relation to a statement, deposition or document, means anything onto which information recorded in the statement, deposition or document has been copied, by whatever means and whether directly or indirectly.”]
Textual Amendments
F1Sch. 1 paras. 2-5 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)
Marginal Citations