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103 Inconsistent statements | |
(1) If in criminal proceedings a person gives oral evidence and— | |
(a) he admits making a previous inconsistent statement, or | |
(b) a previous inconsistent statement made by him is proved by virtue of | |
section 3, 4 or 5 of the Criminal Procedure Act 1865 (c. 18), | 5 |
the statement is admissible as evidence of any matter stated of which oral | |
evidence by him would be admissible. | |
(2) If in criminal proceedings evidence of an inconsistent statement by any person | |
is given under section 108(2)(c), the statement is admissible as evidence of any | |
matter stated in it of which oral evidence by that person would be admissible. | 10 |
104 Other previous statements of witnesses | |
(1) This section applies where a person (the witness) is called to give evidence in | |
criminal proceedings. | |
(2) If a previous statement by the witness is admitted as evidence to rebut a | |
suggestion that his oral evidence has been fabricated, that statement is | 15 |
admissible as evidence of any matter stated of which oral evidence by the | |
witness would be admissible. | |
(3) A statement made by the witness in a document— | |
(a) which is used by him to refresh his memory while giving evidence, | |
(b) on which he is cross-examined, and | 20 |
(c) which as a consequence is received in evidence in the proceedings, | |
is admissible as evidence of any matter stated of which oral evidence by him | |
would be admissible. | |
(4) A previous statement by the witness is admissible as evidence of any matter | |
stated of which oral evidence by him would be admissible, if— | 25 |
(a) any of the following three conditions is satisfied, and | |
(b) while giving evidence the witness indicates that to the best of his belief | |
he made the statement, and that to the best of his belief it states the | |
truth. | |
(5) The first condition is that the statement identifies or describes a person, object | 30 |
or place. | |
(6) The second condition is that the statement was made by the witness when the | |
matters stated were fresh in his memory but he does not remember them, and | |
cannot reasonably be expected to remember them, well enough to give oral | |
evidence of them in the proceedings. | 35 |
(7) The third condition is that— | |
(a) the witness claims to be a person against whom an offence has been | |
committed, | |
(b) the offence is one to which the proceedings relate, | |
(c) the statement consists of a complaint made by the witness (whether to | 40 |
a person in authority or not) about conduct which would, if proved, | |
constitute the offence or part of the offence, | |
(d) the complaint was made as soon as could reasonably be expected after | |
the alleged conduct, | |
(e) the complaint was not made as a result of a threat or a promise, and | 45 |
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(f) before the statement is adduced the witness gives oral evidence in | |
connection with its subject matter. | |
(8) For the purposes of subsection (7) the fact that the complaint was elicited (for | |
example, by a leading question) is irrelevant unless a threat or a promise was | |
involved. | 5 |
Supplementary | |
105 Multiple hearsay | |
(1) If there is a series of statements not made in oral evidence (such as “A said that | |
B said that C shot the deceased”) sections 98 and 100 to 104 apply as follows. | |
(2) If a statement— | 10 |
(a) is relied on as evidence of a matter stated in it, and | |
(b) is admissible for that purpose only under section 100 or a rule | |
preserved by section 102, | |
the fact that the statement was made must be proved by evidence admissible | |
otherwise than under section 100. | 15 |
(3) Otherwise— | |
(a) sections 98 and 100 to 104 apply to the admissibility of each statement, | |
and | |
(b) different statements may be admissible under different sections (or | |
different provisions of the same section). | 20 |
106 Documents produced as exhibits | |
(1) This section applies if on a trial before a judge and jury for an offence— | |
(a) a statement made in a document is admitted in evidence under section | |
103 or 104, and | |
(b) the document or a copy of it is produced as an exhibit. | 25 |
(2) The exhibit must not accompany the jury when they retire to consider their | |
verdict unless— | |
(a) the court considers it appropriate, or | |
(b) all the parties to the proceedings agree that it should accompany the | |
jury. | 30 |
107 Capability to make statement | |
(1) Nothing in section 100, 103 or 104 makes a statement admissible as evidence if | |
it was made by a person who did not have the required capability at the time | |
when he made the statement. | |
(2) Nothing in section 101 makes a statement admissible as evidence if any person | 35 |
who, in order for the requirements of section 101(2) to be satisfied, must at any | |
time have supplied or received the information concerned or created or | |
received the document or part concerned— | |
(a) did not have the required capability at that time, or | |
(b) cannot be identified but cannot reasonably be assumed to have had the | 40 |
required capability at that time. | |
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(3) For the purposes of this section a person has the required capability if he is | |
capable of— | |
(a) understanding questions put to him about the matters stated, and | |
(b) giving answers to such questions which can be understood. | |
(4) Where by reason of this section there is an issue as to whether a person had the | 5 |
required capability when he made a statement— | |
(a) proceedings held for the determination of the issue must take place in | |
the absence of the jury (if there is one); | |
(b) in determining the issue the court may receive expert evidence and | |
evidence from any person to whom the statement in question was | 10 |
made; | |
(c) the burden of proof on the issue lies on the party seeking to adduce the | |
statement, and the standard of proof is the balance of probabilities. | |
108 Credibility | |
(1) This section applies if in criminal proceedings— | 15 |
(a) a statement not made in oral evidence in the proceedings is admitted as | |
evidence of a matter stated, and | |
(b) the maker of the statement does not give oral evidence in connection | |
with the subject matter of the statement. | |
(2) In such a case— | 20 |
(a) any evidence which (if he had given such evidence) would have been | |
admissible as relevant to his credibility as a witness is so admissible in | |
the proceedings; | |
(b) evidence may with the court’s leave be given of any matter which (if he | |
had given such evidence) could have been put to him in cross- | 25 |
examination as relevant to his credibility as a witness but of which | |
evidence could not have been adduced by the cross-examining party; | |
(c) evidence tending to prove that he made (at whatever time) any other | |
statement inconsistent with the statement admitted as evidence is | |
admissible for the purpose of showing that he contradicted himself. | 30 |
(3) If as a result of evidence admitted under this section an allegation is made | |
against the maker of a statement, the court may permit a party to lead | |
additional evidence of such description as the court may specify for the | |
purposes of denying or answering the allegation. | |
(4) In the case of a statement in a document which is admitted as evidence under | 35 |
section 101 each person who, in order for the statement to be admissible, must | |
have supplied or received the information concerned or created or received the | |
document or part concerned is to be treated as the maker of the statement for | |
the purposes of subsections (1) to (3) above. | |
109 Stopping the case where evidence is unconvincing | 40 |
(1) If on a defendant’s trial before a judge and jury for an offence the court is | |
satisfied at any time after the close of the case for the prosecution that— | |
(a) the case against the defendant is based wholly or partly on a statement | |
not made in oral evidence in the proceedings, and | |
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(b) the evidence provided by the statement is so unconvincing that, | |
considering its importance to the case against the defendant, his | |
conviction of the offence would be unsafe, | |
the court must either direct the jury to acquit the defendant of the offence or, if | |
it considers that there ought to be a retrial, discharge the jury. | 5 |
(2) Where— | |
(a) a jury is directed under subsection (1) to acquit a defendant of an | |
offence, and | |
(b) the circumstances are such that, apart from this subsection, the | |
defendant could if acquitted of that offence be found guilty of another | 10 |
offence, | |
the defendant may not be found guilty of that other offence if the court is | |
satisfied as mentioned in subsection (1) in respect of it. | |
(3) If— | |
(a) a jury is required to determine under section 4A(2) of the Criminal | 15 |
Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an | |
indictment with an offence did the act or made the omission charged, | |
and | |
(b) the court is satisfied as mentioned in subsection (1) above at any time | |
after the close of the case for the prosecution that— | 20 |
(i) the case against the defendant is based wholly or partly on a | |
statement not made in oral evidence in the proceedings, and | |
(ii) the evidence provided by the statement is so unconvincing that, | |
considering its importance to the case against the person, a | |
finding that he did the act or made the omission would be | 25 |
unsafe, | |
the court must either direct the jury to acquit the defendant of the offence or, if | |
it considers that there ought to be a rehearing, discharge the jury. | |
(4) This section does not prejudice any other power a court may have to direct a | |
jury to acquit a person of an offence or to discharge a jury. | 30 |
110 Court’s general discretion to exclude evidence | |
(1) In criminal proceedings the court may refuse to admit a statement as evidence | |
of a matter stated if— | |
(a) the statement was made otherwise than in oral evidence in the | |
proceedings, and | 35 |
(b) the court is satisfied that the case for excluding the statement, taking | |
account of the danger that to admit it would result in undue waste of | |
time, substantially outweighs the case for admitting it, taking account | |
of the value of the evidence. | |
(2) Nothing in this Chapter prejudices— | 40 |
(a) any power of a court to exclude evidence under section 78 of the Police | |
and Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evidence), | |
or | |
(b) any other power of a court to exclude evidence at its discretion | |
(whether by preventing questions from being put or otherwise). | 45 |
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