Part II Documentary Evidence in Criminal Proceedings
23 First-hand hearsay.
1
Subject—
a
to subsection (4) below;
b
to paragraph 1A of Schedule 2 to the M1Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); and
c
to section 69 of the M2Police and Criminal Evidence Act 1984 (evidence from computer records),
a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—
i
the requirements of one of the paragraphs of subsection (2) below are satisfied; or
ii
the requirements of subsection (3) below are satisfied.
2
The requirements mentioned in subsection (1)(i) above are—
a
that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;
b
that—
i
the person who made the statement is outside the United Kingdom; and
ii
it is not reasonably practicable to secure his attendance; or
c
that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.
3
The requirements mentioned in subsection (1)(ii) above are—
a
that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and
b
that the person who made it does not give oral evidence through fear or because he is kept out of the way.
4
Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the M3Police and Criminal Evidence Act 1984.
F15
This section shall not apply to proceedings before a magistrates’ court inquiring into an offence as examining justices.