Magistrates' Courts Act 1980

103 Evidence of children in committal proceedings for sexual offences

(1) In any proceedings before a magistrates' court inquiring into a sexual offence as examining justices—

(a) a child shall not be called as a witness for the prosecution ; but

(b) any statement made in writing by or taken in writing from the child shall be admissible in evidence of any matter of which his oral testimony would be admissible,

except in a case where the application of this subsection is excluded under subsection (2) below.

(2) Subsection (1) above shall not apply

(a) where at or before the time when such a statement is tendered in evidence the defence objects to the application of that subsection ; or

(b) where the prosecution requires the attendance of the child for the purpose of establishing the identity of any person; or

(c) where the court is satisfied that it has not been possible to obtain from the child a statement that may be given in evidence under this section ; or

(d) where the inquiry into the offence takes place after the court has discontinued to try it summarily and the child has given evidence in the summary trial.

(3) Section 28 above shall not apply to any statement admitted in pursuance of subsection (1) above.

(4) In this section " child " has the same meaning as in the [1933 c. 12.] Children and Young Persons Act 1933 and " sexual offence " means any offence under the [1956 c. 69.] Sexual Offences Act 1956 or the [1960 c. 33.] Indecency with Children Act 1960 or section 1(1)(a) of the [1978 c. 37.] Protection of Children Act 1978, or any attempt to commit such an offence.