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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2023 - onwards
Version 3 of 3

16. Admissibility of certain witness statements.

(1) Where a person has been sent forward for trial for an arrestable offence, a statement relevant to the proceedings made by a witness (in this section referred to as "the statement") may, with the leave of the court, be admitted in accordance with this section as evidence of any fact mentioned in it if the witness, although available for cross-examination -

(a) refuses to give evidence,

(b) denies making the statement, or

(c) gives evidence which is materially inconsistent with it.

(2) The statement may be so admitted if -

(a) the witness confirms, or it is proved, that he or she made it,

(b) the court is satisfied -

(i) that direct oral evidence of the fact concerned would be admissible in the proceedings,

(ii) that it was made voluntarily, and

(iii) that it is reliable,

and

(c) either -