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9.
Proof by written statement.
— (1) In any criminal proceedings, other than committal proceedings
under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written
statement by any person shall, if such of the conditions mentioned
in the next following subsection as are applicable are satisfied, be
admissible as evidence to the like extent as oral evidence to the
like effect by that person.
(2) The said conditions are—
(a)
the statement purports to be signed by the person who made it;
(b)
the statement contains a declaration by that person to the effect
that it is true to the best of his knowledge and belief and that he
made the statement knowing that, if it were tendered in evidence, he
would be liable to prosecution if he wilfully stated in it anything
which he knew to be false or did not believe to be true;
(c)
before the hearing at which the statement is tendered in evidence, a
copy of the statement is served, by or on behalf of the party
proposing to tender it, on each of the other parties to the
proceedings; and
(d)
none of the other parties or their solicitors, within seven days
from the service of the copy of the statement, serves a notice on
the party so proposing objecting to the statement being tendered in
evidence under this section:
Provided that the conditions mentioned in paragraphs (c) and (d) of
this subsection shall not apply if the parties agree before or
during the hearing that the statement shall be so tendered.
(3) The following provisions shall also have effect in relation to
any written statement tendered in evidence under this section, that
is to say—
(a)
if the statement is made by a person under the age of twenty-one, it
shall give his age;
(b)
if it is made by a person who cannot read it, it shall be read to
him before he signs it and shall be accompanied by a declaration by
the person who so read the statement to the effect that it was so
read; and
(c)
if it refers to any other document as an exhibit, the copy served on
any other party to the proceedings under paragraph (c) of the last
foregoing subsection shall be accompanied by a copy of that document
or by such information as may be necessary in order to enable the
party on whom it is served to inspect that document or a copy
thereof.
(4) Notwithstanding that a written statement made by any person may
be admissible as evidence by virtue of this section—
(a)
the party by whom or on whose behalf a copy of the statement was
served may call that person to give evidence; and
(b)
the court may, of its own motion or on the application of any party
to the proceedings, require that person to attend before the court
and give evidence.
(5) An application under paragraph (b) of the last foregoing
subsection to a court other than a magistrates’ court may be made
before the hearing and on any such application the powers of the
court shall be exercisable [F3 by a puisne judge of the High Court,
a Circuit judge or Recorder sitting alone.]
(6) So much of any statement as is admitted in evidence by virtue of
this section shall, unless the court otherwise directs, be read
aloud at the hearing and where the court so directs an account shall
be given orally of so much of any statement as is not read aloud.
(7) Any document or object referred to as an exhibit and identified
in a written statement tendered in evidence under this section shall
be treated as if it had been produced as an exhibit and identified
in court by the maker of the statement.
(8) A document required by this section to be served on any person
may be served—
(a)
by delivering it to him or to his solicitor; or
(b)
by addressing it to him and leaving it at his usual or last known
place of abode or place of business or by addressing it to his
solicitor and leaving it at his office; or
(c)
by sending it in a registered letter or by the recorded delivery
service [F4 or by first class post]addressed to him at his usual or
last known place of abode or place of business or addressed to his
solicitor at his office; or
(d)
in the case of a body corporate, by delivering it to the secretary
or clerk of the body at its registered or principal office or
sending it in a registered letter or by the recorded delivery
service [F5 or by first class post]addressed to the secretary or
clerk of that body at that office.
9.
Proof by written statement.
— (1) In any criminal proceedings, other than committal proceedings
under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written
statement by any person shall, if such of the conditions mentioned
in the next following subsection as are applicable are satisfied, be
admissible as evidence to the like extent as oral evidence to the
like effect by that person.
(2) The said conditions are—
(a)
the statement purports to be signed by the person who made it;
(b)
the statement contains a declaration by that person to the effect
that it is true to the best of his knowledge and belief and that he
made the statement knowing that, if it were tendered in evidence, he
would be liable to prosecution if he wilfully stated in it anything
which he knew to be false or did not believe to be true;
(c)
before the hearing at which the statement is tendered in evidence, a
copy of the statement is served, by or on behalf of the party
proposing to tender it, on each of the other parties to the
proceedings; and
(d)
none of the other parties or their solicitors, within seven days
from the service of the copy of the statement, serves a notice on
the party so proposing objecting to the statement being tendered in
evidence under this section:
Provided that the conditions mentioned in paragraphs (c) and (d) of
this subsection shall not apply if the parties agree before or
during the hearing that the statement shall be so tendered.
(3) The following provisions shall also have effect in relation to
any written statement tendered in evidence under this section, that
is to say—
(a)
if the statement is made by a person under the age of [F7 eighteen],
it shall give his age;
(b)
if it is made by a person who cannot read it, it shall be read to
him before he signs it and shall be accompanied by a declaration by
the person who so read the statement to the effect that it was so
read; and
(c)
if it refers to any other document as an exhibit, the copy served on
any other party to the proceedings under paragraph (c) of the last
foregoing subsection shall be accompanied by a copy of that document
or by such information as may be necessary in order to enable the
party on whom it is served to inspect that document or a copy
thereof.
(4) Notwithstanding that a written statement made by any person may
be admissible as evidence by virtue of this section—
(a)
the party by whom or on whose behalf a copy of the statement was
served may call that person to give evidence; and
(b)
the court may, of its own motion or on the application of any party
to the proceedings, require that person to attend before the court
and give evidence.
(5) An application under paragraph (b) of the last foregoing
subsection to a court other than a magistrates’ court may be made
before the hearing and on any such application the powers of the
court shall be exercisable [F8 by a puisne judge of the High Court,
a Circuit judge or Recorder sitting alone.]
(6) So much of any statement as is admitted in evidence by virtue of
this section shall, unless the court otherwise directs, be read
aloud at the hearing and where the court so directs an account shall
be given orally of so much of any statement as is not read aloud.
(7) Any document or object referred to as an exhibit and identified
in a written statement tendered in evidence under this section shall
be treated as if it had been produced as an exhibit and identified
in court by the maker of the statement.
(8) A document required by this section to be served on any person
may be served—
(a)
by delivering it to him or to his solicitor; or
(b)
by addressing it to him and leaving it at his usual or last known
place of abode or place of business or by addressing it to his
solicitor and leaving it at his office; or
(c)
by sending it in a registered letter or by the recorded delivery
service [F9 or by first class post]addressed to him at his usual or
last known place of abode or place of business or addressed to his
solicitor at his office; or
(d)
in the case of a body corporate, by delivering it to the secretary
or clerk of the body at its registered or principal office or
sending it in a registered letter or by the recorded delivery
service [F10 or by first class post] addressed to the secretary or
clerk of that body at that office.
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