PART 16WRITTEN WITNESS STATEMENTS
Contents of this Part | |
|---|---|
When this Part applies | rule 16.1 |
Content of written witness statement | rule 16.2 |
Reference to exhibit | rule 16.3 |
Written witness statement in evidence | rule 16.4 |
When this Part appliesI116.1
This Part applies where a party wants to introduce a written witness statement in evidence under section 9 of the Criminal Justice Act 1967384.
[Note. Under section 9 of the Criminal Justice Act 1967, if the conditions specified in that section are met the written statement of a witness is admissible in evidence to the same extent as if that witness gave evidence in person.]
Content of written witness statementI316.2
The statement must contain—
a
at the beginning—
i
the witness’ name, and
ii
the witness’ age, if under 18;
b
a declaration by the witness that—
i
it is true to the best of the witness’ knowledge and belief, and
ii
the witness knows that if it is introduced in evidence, then it would be an offence wilfully to have stated in it anything that the witness knew to be false or did not believe to be true;
c
if the witness cannot read the statement, a signed declaration by someone else that that person read it to the witness; and
d
the witness’ signature.
[Note. The Practice Direction sets out a form of written statement for use in connection with this rule.]
Reference to exhibitI216.3
Where the statement refers to a document or object as an exhibit, it must identify that document or object clearly.
[Note. See section 9(7) of the Criminal Justice Act 1967385.]
Written witness statement in evidenceI416.4
1
A party who wants to introduce in evidence a written witness statement must—
a
before the hearing at which that party wants to introduce it, serve a copy of the statement on—
i
the court officer, and
ii
each other party; and
b
at or before that hearing, serve on the court officer the statement or an authenticated copy.
2
If that party relies on only part of the statement, that party must mark the copy in such a way as to make that clear.
3
A prosecutor must serve on a defendant, with the copy of the statement, a notice—
a
of the right to object to the introduction of the statement in evidence instead of the witness giving evidence in person;
b
of the time limit for objecting under this rule; and
c
that if the defendant does not object in time, the court—
i
can nonetheless require the witness to give evidence in person, but
ii
may decide not to do so.
4
A party served with a written witness statement who objects to its introduction in evidence must—
a
serve notice of the objection on—
i
the party who served it, and
ii
the court officer; and
b
serve the notice of objection not more than 5 business days after service of the statement unless—
i
the court extends that time limit, before or after the statement was served,
ii
rule 24.8 (Written guilty plea: special rules) applies, in which case the time limit is the later of 5 business days after service of the statement or 5 business days before the hearing date, or
iii
rule 24.9 (Single justice procedure: special rules) applies, in which case the time limit is 15 business days after service of the statement.
5
The court may exercise its power to require the witness to give evidence in person—
a
on application by any party; or
b
on its own initiative.
6
A party entitled to receive a copy of a statement may waive that entitlement by so informing—
a
the party who would have served it; and
b
the court.
[Note. The Practice Direction sets out a form of written witness statement and a form of notice for use in connection with this rule.
Under section 9(2A) of the Criminal Justice Act 1967386, Criminal Procedure Rules may prescribe the period within which a party served with a written witness statement must object to its introduction in evidence, subject to a minimum period of 7 days from its service.
Under section 133 of the Criminal Justice Act 2003387, where a statement in a document is admissible as evidence in criminal proceedings, the statement may be proved by producing either (a) the document, or (b) (whether or not the document exists) a copy of the document or of the material part of it, authenticated in whatever way the court may approve. By section 134 of the 2003 Act, ‘document’ means anything in which information of any description is recorded.]