Criminal Justice Act 1988

Section 28.

SCHEDULE 2 E+W Documentary Evidence—Supplementary

1 Where a statement is admitted as evidence in criminal proceedings by virtue of Part II of this Act—

(a) any evidence which, if the person making the statement had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings;

(b) evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party; and

(c) evidence tending to prove that that person, whether before or after making the statement, made (whether orally or not) some other statement which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.

2 A statement which is given in evidence by virtue of Part II of this Act shall not be capable of corroborating evidence given by the person making it.

3 In estimating the weight, if any, to be attached to such a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

4 Without prejudice to the generality of any enactment conferring power to make them—

(a) Crown Court Rules;

(b) Criminal Appeal Rules; and

(c) rules under section 144 of the M1 Magistrates’ Courts Act 1980,

may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of Part II of this Act.

Marginal Citations

M1 1980 c. 43.

5 Expressions used in Part II of this Act and in Part I of the M2 Civil Evidence Act 1968 are to be construed in Part II of this Act in accordance with section 10 of that Act.

Marginal Citations

M2 1968 c. 64.

6 In Part II of this Act “confession has the meaning assigned to it by section 82 of the M3 Police and Criminal Evidence Act 1984.

Marginal Citations

M3 1984 c. 60.