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- Point in Time (26/09/1995)
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No versions valid at: 26/09/1995
Point in time view as at 26/09/1995. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1995, Section 18.
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Valid from 31/03/1996
(1)Subject to the following provisions of this section, where a witness gives evidence in criminal proceedings, any prior statement made by the witness shall be admissible as evidence of any matter stated in it of which direct oral evidence by him would be admissible if given in the course of those proceedings.
(2)A prior statement shall not be admissible under this section unless—
(a)the statement is contained in a document;
(b)the witness, in the course of giving evidence, indicates that the statement was made by him and that he adopts it as his evidence; and
(c)at the time the statement was made, the person who made it would have been a competent witness in the proceedings.
(3)For the purposes of this section, any reference to a prior statement is a reference to a prior statement which, but for the provisions of this section, would not be admissible as evidence of any matter stated in it.
(4)Subsections (2) and (3) above do not apply to a prior statement—
(a)contained in a precognition on oath; or
(b)made in other proceedings, whether criminal or civil and whether taking place in the United Kingdom or elsewhere,
and, for the purposes of this section, any such statement shall not be admissible unless it is sufficiently authenticated.
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