Supplementary provisions as to hearsay evidence
6 Previous statements of witnesses.
1
Subject as follows, the provisions of this Act as to hearsay evidence in civil proceedings apply equally (but with any necessary modifications) in relation to a previous statement made by a person called as a witness in the proceedings.
2
A party who has called or intends to call a person as a witness in civil proceedings may not in those proceedings adduce evidence of a previous statement made by that person, except—
a
with the leave of the court, or
b
for the purpose of rebutting a suggestion that his evidence has been fabricated.
This shall not be construed as preventing a witness statement (that is, a written statement of oral evidence which a party to the proceedings intends to lead) from being adopted by a witness in giving evidence or treated as his evidence.
3
Where in the case of civil proceedings section3,4 or5 of the M1Criminal Procedure Act 1865 applies, which make provision as to—
a
how far a witness may be discredited by the party producing him,
b
the proof of contradictory statements made by a witness, and
c
cross-examination as to previous statements in writing,
this Act does not authorise the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.
This is without prejudice to any provision made by rules of court under section 3 above (power to call witness for cross-examination on hearsay statement).
4
Nothing in this Act affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.
5
Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 1 as evidence of the matters stated.