The Criminal Procedure Rules 2015

Evidence of a witness in writing

25.12.—(1) This rule applies where a party wants to introduce in evidence the written statement of a witness to which applies—

(a) Part 16 (Written witness statements);

(b) Part 19 (Expert evidence); or

(c) Part 20 (Hearsay evidence).

(2) If the court admits such evidence—

(a) the court and the jury (if there is one) must read the statement;

(b) the gist of the statement must be summarised aloud; and

(c) unless the court otherwise directs, if any member of the public, including any reporter, is present, each relevant part of the statement must be read or summarised aloud.

[Note. See Parts 16, 19 and 20, and the other legislation to which those Parts apply. The admissibility of evidence that a party introduces is governed by rules of evidence.

A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.

An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.

Rule 20.3 provides for opposing the introduction of hearsay evidence, including such evidence in a document.

Where a witness gives evidence in person, a previous written statement by that witness may be admissible as evidence under section 119 (Inconsistent statements) or under section 120 (Other previous statements of witnesses) of the Criminal Justice Act 2003.]