PART 12EVIDENCE

CHAPTER 1General

Use of documents to refresh memory77

1

A person giving oral evidence about any matter may, 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 that matter at that earlier time; and

b

his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.

2

Where—

a

a person giving oral evidence 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 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,

he may, at any stage in the course of giving his evidence, refresh his memory of the matter from that transcript.