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Changes over time for: Section 18
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
No versions valid at: 05/03/1996
Status:
Point in time view as at 05/03/1996. This version of this provision is not valid for this point in time.
Status
Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.
Changes to legislation:
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1995, Section 18.
Changes to Legislation
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Yn ddilys o 31/03/1996
18 Admissibility of prior statements of witnesses.S
(1)Subject to the following provisions of this section, where a witness gives evidence in criminal proceedings, any prior statement made by the witness shall be admissible as evidence of any matter stated in it of which direct oral evidence by him would be admissible if given in the course of those proceedings.
(2)A prior statement shall not be admissible under this section unless—
(a)the statement is contained in a document;
(b)the witness, in the course of giving evidence, indicates that the statement was made by him and that he adopts it as his evidence; and
(c)at the time the statement was made, the person who made it would have been a competent witness in the proceedings.
(3)For the purposes of this section, any reference to a prior statement is a reference to a prior statement which, but for the provisions of this section, would not be admissible as evidence of any matter stated in it.
(4)Subsections (2) and (3) above do not apply to a prior statement—
(a)contained in a precognition on oath; or
(b)made in other proceedings, whether criminal or civil and whether taking place in the United Kingdom or elsewhere,
and, for the purposes of this section, any such statement shall not be admissible unless it is sufficiently authenticated.
Yn ôl i’r brig