PART 12EVIDENCE
CHAPTER 1General
Application and interpretation of Part 1272
1
The provisions of this Part apply in relation to any proceedings in which an issue of fact falls to be determined, unless otherwise stated.
2
In relation to any proceedings other than trial proceedings, references in this Part to a defendant are to be read as references to a person to whom the proceedings relate.
Rules of evidence73
1
The rules of evidence applicable in a trial on indictment in England and Wales shall apply, to the extent that they—
a
are capable of applying; and
b
are not applied, with or without modifications, by any other enactment or subordinate legislation (whenever passed or made).
2
In this rule, “rules of evidence” includes rules conferring or restricting any discretion to exclude admissible evidence.
3
No person may be required—
a
to answer any question which he could not be required to answer in a trial on indictment in England and Wales; or
b
to produce any document which he could not be required to produce in such a trial.
4
The court may take judicial notice of—
a
matters of which judicial notice could be taken in a trial on indictment in England and Wales; and
b
matters within the general service knowledge of the court.
Oral testimony to be given on oath74
1
Oral testimony shall be given on oath.
2
This rule is subject to—
a
section 5 of the Oaths Act 1978 (affirmation);
b
section 31 of the 1999 Act (evidence admitted under a special measures direction); and
c
section 56 of that Act (reception of unsworn evidence by witness who is not permitted to be sworn).
Proof by written statement75
1
Without prejudice to rule 73, section 9 of the 1967 Act (proof by written statement) shall apply, as modified by paragraph (2), in relation to a statement made—
a
in the United Kingdom by any person, or
b
outside the United Kingdom by a person subject to service law or a civilian subject to service discipline,
as it applies in criminal proceedings in relation to a statement made in the United Kingdom.
2
In its application by virtue of this rule, section 9 of the 1967 Act shall have effect as if—
a
subsection (2)(c) required service of the statement on the court administration officer (as well as each of the other parties to the proceedings);
b
in subsection (2)(d), the reference to the parties' solicitors were to their legal representatives;
c
subsections (5) and (8) were omitted; and
d
in subsection (6), the references to the court were to the judge advocate.
3
An application to the court under section 9(4)(b) of the 1967 Act—
a
may be made in preliminary proceedings; and
b
if made in trial proceedings, shall be determined by the judge advocate.
4
Section 89 of the 1967 Act (offence of making a false statement tendered in evidence) shall apply in relation to a statement tendered in evidence in proceedings of the court by virtue of section 9 of that Act, wherever made, as it applies in relation to a statement tendered in evidence in criminal proceedings by virtue of that section.
Proof by formal admission76
1
Without prejudice to rule 73, section 10 of the 1967 Act (proof by formal admission) shall apply, as modified by paragraph (2), as it applies in relation to criminal proceedings.
2
In its application by virtue of this rule, section 10 of the 1967 Act shall have effect as if—
a
in subsection (1), the reference to the prosecutor were to the Director; and
b
in subsection (2), references to a defendant's counsel or solicitor were to his legal representative.
Use of documents to refresh memory77
1
A person giving oral evidence about any matter may, at any stage in the course of doing so, refresh his memory of it from a document made or verified by him at an earlier time if—
a
he states in his oral evidence that the document records his recollection of that matter at that earlier time; and
b
his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.
2
Where—
a
a person giving oral evidence about any matter has previously given an oral account, of which a sound recording was made, and he states in that evidence that the account represented his recollection of the matter at that time,
b
his recollection of the matter is likely to have been significantly better at the time of the previous account than it is at the time of his oral evidence, and
c
a transcript has been made of the sound recording,
he may, at any stage in the course of giving his evidence, refresh his memory of the matter from that transcript.