Section 23 First-hand hearsay.

England and Wales

(1)

Subject—

(a)

to subsection (4) below; F1and

(b)

to paragraph 1A of Schedule 2 to the M1Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); F2. . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—

(i)

the requirements of one of the paragraphs of subsection (2) below are satisfied; or

(ii)

the requirements of subsection (3) below are satisfied.

(2)

The requirements mentioned in subsection (1)(i) above are—

(a)

that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;

(b)

that—

(i)

the person who made the statement is outside the United Kingdom; and

(ii)

it is not reasonably practicable to secure his attendance; or

(c)

that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.

(3)

The requirements mentioned in subsection (1)(ii) above are—

(a)

that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and

(b)

that the person who made it does not give oral evidence through fear or because he is kept out of the way.

(4)

Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the M2Police and Criminal Evidence Act 1984.

F3 F4( 5 )

. . .

Annotations

Textual amendments

F1: Word in s. 23(1) inserted (14.4.2000) by 1999 c. 23, s. 67, Sch. 4 para.16 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(b)
F2: S. 23(1)(c) and word preceding it repealed (14.4.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(c),Sch.
F3: S. 23(5) inserted (4.7.1996 with effect as mentioned in Sch. 1, Pt. III of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 28, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)
F4: S. 23(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(2), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

Marginal citations

M1: 1968 c. 19.
M2: 1984 c. 60.

Notes on Part II

Textual amendments

F1: Pt. 2 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(a), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))