EVIDENCE—CRIMINAL PROCEEDINGS

Written statements in committal proceedings or summary trialI270

1

Written statements to be tendered in evidence under section 102 of the Act of 1980 or section 9 of the Criminal Justice Act 1967 shall be in the prescribed form.

2

When a copy of such a statement is given to or served on any party to the proceedings a copy of the statement and of any exhibit which accompanied it shall be given to the clerk of the magistrates' court as soon as practicable thereafter, and where a copy of any such statement is given or served by or on behalf of the prosecutor, the accused shall be given notice of his right to object to the statement being tendered in evidence.

3

Where before a magistrates' court enquiring into an offence as examining justices the accused objects to a written statement being tendered in evidence and he has been given a copy of the statement but has not given notice of his intention to object to the statement being tendered in evidence, the court shall if necessary, adjourn to enable the witness to be called.

4

Where a written statement to be tendered in evidence under the said section 102 or 9 refers to any document or object as an exhibit, that document or object shall wherever possible be identified by means of a label or other mark of identification signed by the maker of the statement, and before a magistrates' court treats any document or object referred to as an exhibit in such a written statement as an exhibit produced and identified in court by the maker of the statement, the court shall be satisfied that the document or object is sufficiently described in the statement for it to be identified.

5

If it appears to a magistrates' court that any part of a written statement is inadmissible there shall be written against that part "Treated as inadmissible, J.P., an Examining Justice" if the written statement is tendered in evidence under the said section.102, or "Ruled inadmissible, J.P., Justice of the Peace" if the written statement is tendered in evidence under the said section 9.

6

Where a written statement is tendered in evidence under the said section 102 or 9 before a magistrates' court the name and address of the maker of the statement shall be read aloud unless the court otherwise directs.

7

Where under subsection (5) of the said section 102 or subsection (6) of the said section 9 in any proceedings before a magistrates' court any part of a written statement has to be read aloud, or an account has to be given orally of so much of any written statement as is not read aloud, the statement shall be read or the account given by or on behalf of the party which has tendered the statement in evidence.

8

Written statements tendered in evidence under the said section 102 before a magistrates' court acting as examining justices shall be authenticated by a certificate signed by one of the examining justices.

9

A written statement tendered in evidence under the said section 102 or 9 before a magistrates' court and not sent to the Crown Court under rule 11, 17 or 18 shall be preserved for a period of three years by the clerk of the magistrates' court.

Annotations:
Commencement Information
I2

Rule 70 in force at 6.7.1981, see rule 1(1)

Proof by formal admissionI371

Where under section 10 of the Criminal Justice Act 1967 a fact is admitted orally in court by or on behalf of the prosecutor or defendant for the purposes of the summary trial of an offence or proceedings before a magistrates' court acting as examining justices the court shall cause the admission to be written down and signed by or on behalf of the party making the admission.

Annotations:
Commencement Information
I3

Rule 71 in force at 6.7.1981, see rule 1(1)

Proof of previous convictionsI472

Service on any person of a notice of intention to cite previous convictions under section 104 of the Act of 1980 or section 182(2A)(c) of the Road Traffic Act 197235 may be effected by delivering it to him or by sending it by post in a registered letter or by recorded delivery service addressed to him at his last known or usual place of abode.

Annotations:
Commencement Information
I4

Rule 72 in force at 6.7.1981, see rule 1(1)

Clerk to have copies of documents sent to defendant under s. 12(1) of the Act of 1980I173

Where the prosecutor sends to the accused the statement of facts referred to in section 12(1) of the Act of 1980 (plea of guilty in absence of accused), he shall send a copy of the statement to the clerk of the magistrates' court.