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The Magistrates' Courts (Northern Ireland) Order 1981
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Changes over time for: Section 33
Version Superseded: 17/10/2022
Alternative versions:
- 01/01/2006- Amendment
- 13/04/2015
Point in time - 17/10/2022- Amendment
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Point in time view as at 13/04/2015. This version of this provision has been superseded.
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The Magistrates' Courts (Northern Ireland) Order 1981, Section 33 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Requirements as to written statementsN.I.
33.—(1) A magistrates' court conducting a preliminary inquiry may admit the statement of the evidence to be given by a witness to the like extent as oral evidence to the like effect by that person if the following conditions are complied with, that is to say—
(a)the statement shall be in writing,
(b)the statement shall purport to be signed by the person who made it,
(c)the statement shall contain a declaration by that person to the effect that—
(i)it is true to the best of his knowledge and belief, and
(ii)he made the statement knowing that, if it were tendered in evidence, whether at a preliminary inquiry or at the trial of the accused, he would be liable to prosecution if he wilfully said in it anything which he knew to be false or did not believe to be true,
which declaration shall be endorsed with the signature of the person who recorded the statement, or to whom the statement was delivered by the maker of the statement for the purposes of the proceedings,
(d)none of the parties objects to the statement being admitted in evidence upon a ground which would constitute a valid objection to oral evidence to the like effect as the contents of the statement,
(e)if the statement is made by a person under the age of twenty-one, his age shall be set forth in the statement, and
(f)if it is made by a person who cannot read, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read and that after it was so read the maker of the statement assented to it.
(2) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this Article shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(3) Nothing in this Article shall prevent the giving in evidence of any confession, or other statement, made at any time by the accused which is admissible in law against him.
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