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Miscellaneous | |
111 Expert evidence: preparatory work | |
(1) This section applies if— | |
(a) a statement has been prepared for the purposes of criminal | |
proceedings, | 5 |
(b) the person who prepared the statement had or may reasonably be | |
supposed to have had personal knowledge of the matters stated, | |
(c) notice is given under the appropriate rules that another person (the | |
expert) will in evidence given in the proceedings orally or under section | |
9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on | 10 |
the statement, and | |
(d) the notice gives the name of the person who prepared the statement | |
and the nature of the matters stated. | |
(2) In evidence given in the proceedings the expert may base an opinion or | |
inference on the statement. | 15 |
(3) If evidence based on the statement is given under subsection (2) the statement | |
is to be treated as evidence of what it states. | |
(4) This section does not apply if the court, on an application by a party to the | |
proceedings, orders that it is not in the interests of justice that it should apply. | |
(5) The matters to be considered by the court in deciding whether to make an | 20 |
order under subsection (4) include— | |
(a) the expense of calling as a witness the person who prepared the | |
statement; | |
(b) whether relevant evidence could be given by that person which could | |
not be given by the expert; | 25 |
(c) whether that person can reasonably be expected to remember the | |
matters stated well enough to give oral evidence of them. | |
(6) Subsections (1) to (5) apply to a statement prepared for the purposes of a | |
criminal investigation as they apply to a statement prepared for the purposes | |
of criminal proceedings, and in such a case references to the proceedings are to | 30 |
criminal proceedings arising from the investigation. | |
(7) The appropriate rules are rules made— | |
(a) under section 81 of the Police and Criminal Evidence Act 1984 (c. 60) | |
(advance notice of expert evidence in Crown Court), or | |
(b) under section 144 of the Magistrates’ Courts Act 1980 (c. 43) by virtue | 35 |
of section 20(3) of the Criminal Procedure and Investigations Act 1996 | |
(c. 25) (advance notice of expert evidence in magistrates’ courts). | |
112 Confessions | |
(1) In the Police and Criminal Evidence Act 1984 (c. 60) the following section is | |
inserted after section 76— | 40 |
“76A Confessions may be given in evidence for co-accused | |
(1) In any proceedings a confession made by an accused person may be | |
given in evidence for another person charged in the same proceedings | |
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(1) (a co-accused) in so far as it is relevant to any matter in issue in the | |
proceedings and is not excluded by the court in pursuance of this | |
section. | |
(2) If, in any proceedings where a co-accused proposes to give in evidence | |
a confession made by an accused person, it is represented to the court | 5 |
that the confession was or may have been obtained— | |
(a) by oppression of the person who made it; or | |
(b) in consequence of anything said or done which was likely, in | |
the circumstances existing at the time, to render unreliable any | |
confession which might be made by him in consequence | 10 |
thereof, | |
the court shall not allow the confession to be given in evidence for the | |
co-accused except in so far as it is proved to the court on the balance of | |
probabilities that the confession (notwithstanding that it may be true) | |
was not so obtained. | 15 |
(3) Before allowing a confession made by an accused person to be given in | |
evidence for a co-accused in any proceedings, the court may of its own | |
motion require the fact that the confession was not obtained as | |
mentioned in subsection (2) above to be proved in the proceedings on | |
the balance of probabilities. | 20 |
(4) The fact that a confession is wholly or partly excluded in pursuance of | |
this section shall not affect the admissibility in evidence— | |
(a) of any facts discovered as a result of the confession; or | |
(b) where the confession is relevant as showing that the accused | |
speaks, writes or expresses himself in a particular way, of so | 25 |
much of the confession as is necessary to show that he does so. | |
(5) Evidence that a fact to which this subsection applies was discovered as | |
a result of a statement made by an accused person shall not be | |
admissible unless evidence of how it was discovered is given by him or | |
on his behalf. | 30 |
(6) Subsection (5) above applies— | |
(a) to any fact discovered as a result of a confession which is wholly | |
excluded in pursuance of this section; and | |
(b) to any fact discovered as a result of a confession which is partly | |
so excluded, if the fact is discovered as a result of the excluded | 35 |
part of the confession. | |
(7) In this section “oppression” includes torture, inhuman or degrading | |
treatment, and the use or threat of violence (whether or not amounting | |
to torture).” | |
(2) Subject to subsection (1), nothing in this Chapter makes a confession by a | 40 |
defendant admissible if it would not be admissible under section 76 of the | |
Police and Criminal Evidence Act 1984 (c. 60). | |
(3) In subsection (2) “confession” has the meaning given by section 82 of that Act. | |
113 Representations other than by a person | |
(1) Where a representation of any fact— | 45 |
(a) is made otherwise than by a person, but | |
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(b) depends for its accuracy on information supplied (directly or | |
indirectly) by a person, | |
the representation is not admissible in criminal proceedings as evidence of the | |
fact unless it is proved that the information was accurate. | |
(2) Subsection (1) does not affect the operation of the presumption that a | 5 |
mechanical device has been properly set or calibrated. | |
114 Depositions | |
In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-paragraph (4) of | |
paragraph 5 is omitted (power of the court to overrule an objection to a | |
deposition being read as evidence by virtue of that paragraph). | 10 |
115 Evidence at retrial | |
For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) | |
(oral evidence and use of transcripts etc at retrials under that Act) there is | |
substituted— | |
“Evidence | 15 |
1 (1) Evidence given at a retrial must be given orally if it was given orally | |
at the original trial, unless— | |
(a) section 100 of the Criminal Justice Act 2003 applies | |
(admissibility of hearsay evidence where a witness is | |
unavailable); or | 20 |
(b) the witness is unavailable to give evidence, otherwise than as | |
mentioned in subsection (2) of that section, and section | |
98(1)(d) of that Act applies (admission of hearsay evidence | |
under residual discretion). | |
(2) Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use | 25 |
of depositions) does not apply at a retrial to a deposition read as | |
evidence at the original trial.” | |
116 Proof of statements in documents | |
Where a statement in a document is admissible as evidence in criminal | |
proceedings, the statement may be proved by producing either— | 30 |
(a) the document, or | |
(b) (whether or not the document exists) a copy of the document or of the | |
material part of it, | |
authenticated in whatever way the court may approve. | |
General | 35 |
117 Rules of court | |
(1) Rules of court may make such provision as appears to the appropriate | |
authority to be necessary or expedient for the purposes of this Chapter; and the | |
appropriate authority is the authority entitled to make the rules. | |
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(2) The rules may make provision about the procedure to be followed and other | |
conditions to be fulfilled by a party proposing to tender a statement in | |
evidence under any provision of this Chapter. | |
(3) The rules may require a party proposing to tender the evidence to serve on | |
each party to the proceedings such notice, and such particulars of or relating to | 5 |
the evidence, as may be prescribed. | |
(4) The rules may provide that the evidence is to be treated as admissible by | |
agreement of the parties if— | |
(a) a notice has been served in accordance with provision made under | |
subsection (3), and | 10 |
(b) no counter-notice in the prescribed form objecting to the admission of | |
the evidence has been served by a party. | |
(5) If a party proposing to tender evidence fails to comply with a prescribed | |
requirement applicable to it— | |
(a) the evidence is not admissible except with the court’s leave; | 15 |
(b) where leave is given the court or jury may draw such inferences from | |
the failure as appear proper; | |
(c) the failure may be taken into account by the court in considering the | |
exercise of its powers with respect to costs. | |
(6) In considering whether or how to exercise any of its powers under subsection | 20 |
(5) the court shall have regard to whether there is any justification for the | |
failure to comply with the requirement. | |
(7) A person shall not be convicted of an offence solely on an inference drawn | |
under subsection (5)(b). | |
(8) Rules under this section may— | 25 |
(a) limit the application of any provision of the rules to prescribed | |
circumstances; | |
(b) subject any provision of the rules to prescribed exceptions; | |
(c) make different provision for different cases or circumstances. | |
(9) Nothing in this section prejudices the generality of any enactment conferring | 30 |
power to make rules of court; and no particular provision of this section | |
prejudices any general provision of it. | |
(10) In this section— | |
“prescribed” means prescribed by rules of court; | |
“rules of court” means— | 35 |
(a) Crown Court Rules; | |
(b) Criminal Appeal Rules; | |
(c) rules under section 144 of the Magistrates’ Courts Act 1980 | |
(c. 43). | |
118 Interpretation of Chapter 2 | 40 |
(1) In this Chapter— | |
“copy”, in relation to a document, means anything on to which | |
information recorded in the document has been copied, by whatever | |
means and whether directly or indirectly; | |
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“criminal proceedings” means criminal proceedings in relation to which | |
the strict rules of evidence apply; | |
“defendant”, in relation to criminal proceedings, means a person charged | |
with an offence in those proceedings; | |
“document” means anything in which information of any description is | 5 |
recorded; | |
“oral evidence” includes evidence which, by reason of a defect of speech | |
or hearing, a person called as a witness gives in writing or by signs; | |
“statutory provision” means any provision contained in, or in an | |
instrument made under, this or any other Act, including any Act | 10 |
passed after this Act. | |
(2) Section 99 (statements and matters stated) contains other general interpretative | |
provisions. | |
(3) Where a defendant is charged with two or more offences in the same criminal | |
proceedings, this Chapter has effect as if each offence were charged in separate | 15 |
proceedings. | |
119 Armed forces | |
Schedule 6 (hearsay evidence: armed forces) has effect. | |
120 Repeals etc | |
(1) In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to | 20 |
some extent superseded by provisions of this Chapter) are repealed— | |
(a) Part II and Schedule 2 (which relate to documentary evidence); | |
(b) in Schedule 13, paragraphs 2 to 5 (which relate to documentary | |
evidence in service courts etc). | |
(2) In consequence of the repeal by subsection (1) above of section 25 of the | 25 |
Criminal Justice Act 1988 (c. 33), section 3 of the Criminal Justice (International | |
Co-operation) Act 1990 (c. 5) is amended as follows— | |
(a) in subsection (8) for “section 25 of the Criminal Justice Act 1988” there | |
is substituted “Article 5 of the Criminal Justice (Evidence, Etc.) | |
(Northern Ireland) Order 1988”; | 30 |
(b) in subsection (10) the words from “and” to the end are omitted. | |
Chapter 3 | |
Miscellaneous and supplemental | |
121 Evidence by video recording | |
(1) This section applies where— | 35 |
(a) a person is called as a witness in proceedings for an offence triable only | |
on indictment, or for a prescribed offence triable either way, | |
(b) the person claims to have witnessed (whether visually or in any other | |
way)— | |
(i) events alleged by the prosecution to include conduct | 40 |
constituting the offence or part of the offence, or | |
(ii) events closely connected with such events, | |
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(c) he has previously given an account of the events in question (whether | |
in response to questions asked or otherwise), | |
(d) the account was given at a time when those events were fresh in the | |
person’s memory (or would have been, assuming the truth of the claim | |
mentioned in paragraph (b)), | 5 |
(e) a video recording was made of the account, | |
(f) the court has made a direction that the recording should be admitted as | |
evidence in chief of the witness, and the direction has not been | |
rescinded, and | |
(g) the recording is played in the proceedings in accordance with the | 10 |
direction. | |
(2) If, or to the extent that, the witness in his oral evidence in the proceedings | |
asserts the truth of the statements made by him in the recorded account, they | |
shall be treated as if made by him in that evidence. | |
(3) A direction under subsection (1)(f)— | 15 |
(a) may not be made in relation to a recorded account given by the | |
defendant; | |
(b) may be made only if it appears to the court that— | |
(i) the witness’s recollection of the events in question is likely to | |
have been significantly better when he gave the recorded | 20 |
account than it will be when he gives oral evidence in the | |
proceedings, and | |
(ii) it is in the interests of justice for the recording to be admitted, | |
having regard in particular to the matters mentioned in | |
subsection (4). | 25 |
(4) Those matters are— | |
(a) the interval between the time of the events in question and the time | |
when the recorded account was made; | |
(b) any other factors that might affect the reliability of what the witness | |
said in that account; | 30 |
(c) the quality of the recording; | |
(d) any views of the witness as to whether his evidence in chief should be | |
given orally or by means of the recording. | |
(5) For the purposes of subsection (2) it does not matter if the statements in the | |
recorded account were not made on oath. | 35 |
(6) In this section “prescribed” means of a description specified in an order made | |
by the Secretary of State. | |
122 Video evidence: further provisions | |
(1) Where a video recording is admitted under section 121, the witness may not | |
give evidence in chief otherwise than by means of the recording as to any | 40 |
matter which, in the opinion of the court, has been dealt with adequately in the | |
recorded account. | |
(2) The reference in subsection (1)(f) of section 121 to the admission of a recording | |
includes a reference to the admission of part of the recording; and references in | |
that section and this one to the video recording or to the witness’s recorded | 45 |
account shall, where appropriate, be read accordingly. | |
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(3) In considering whether any part of a recording should be not admitted under | |
section 121, the court must consider— | |
(a) whether admitting that part would carry a risk of prejudice to the | |
defendant, and | |
(b) if so, whether the interests of justice nevertheless require it to be | 5 |
admitted in view of the desirability of showing the whole, or | |
substantially the whole, of the recorded interview. | |
(4) In subsection (3) “prejudice” is to be read in accordance with section 96(2) (as | |
if that provision applied for the purposes of subsection (3) above as it applies | |
for the purposes of Chapter 1). | 10 |
(5) A court may not make a direction under section 121(1)(f) in relation to any | |
proceedings unless— | |
(a) the Secretary of State has notified the court that arrangements can be | |
made, in the area in which it appears to the court that the proceedings | |
will take place, for implementing directions under that section, and | 15 |
(b) the notice has not been withdrawn. | |
(6) Nothing in section 121 affects the admissibility of any video recording which | |
would be admissible apart from that section. | |
123 Use of documents to refresh memory | |
(1) A person giving oral evidence in criminal proceedings about any matter may, | 20 |
at any stage in the course of doing so, refresh his memory of it from a document | |
made or verified by him at an earlier time if— | |
(a) he states in his oral evidence that the document records his recollection | |
of the matter at that earlier time, and | |
(b) his recollection of the matter is likely to have been significantly better | 25 |
at that time than it is at the time of his oral evidence. | |
(2) Where— | |
(a) a person giving oral evidence in criminal proceedings about any matter | |
has previously given an oral account, of which a sound recording was | |
made, and he states in that evidence that the account represented his | 30 |
recollection of the matter at that time, | |
(b) his recollection of the matter is likely to have been significantly better | |
at the time of the previous account than it is at the time of his oral | |
evidence, and | |
(c) a transcript has been made of the sound recording, | 35 |
he may, at any stage in the course of giving his evidence, refresh his memory | |
of the matter from that transcript. | |
124 Interpretation of Chapter 3 | |
In this Chapter— | |
“criminal proceedings” means criminal proceedings in relation to which | 40 |
the strict rules of evidence apply; | |
“defendant”, in relation to criminal proceedings, means a person charged | |
with an offence in those proceedings; | |
“document” means anything in which information of any description is | |
recorded, but not including any recording of sounds or moving images; | 45 |
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