Criminal Justice Act 1988

26 Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations. E+W

Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with [F1 section 7 of the Crime (International Co-operation) Act 2003] or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—

(a) of pending or contemplated criminal proceedings; or

(b) of a criminal investigation,

the statement shall not be given in evidence in any criminal proceedings without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice; and in considering whether its admission would be in the interests of justice, it shall be the duty of the court to have regard—

(i) to the contents of the statement;

(ii) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(iii) to any other circumstances that appear to the court to be relevant.

[F2 This section shall not apply to proceedings before a magistrates’ court inquiring into an offence as examining justices.]

Textual Amendments

F1 Words in s. 26 substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 15; S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))

F2 Words in s. 26 inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para.30, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)