1 (1) Evidence given at a retrial must be given orally if it was given orally
at the original trial, unless—
(a) section 101 of the Criminal Justice Act 2003 applies
(admissibility of hearsay evidence where a witness is
(b) the witness is unavailable to give evidence, otherwise than as
mentioned in subsection (2) of that section, and section
99(1)(d) of that Act applies (admission of hearsay evidence
under residual discretion).
(2) Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use
of depositions) does not apply at a retrial to a deposition read as
evidence at the original trial.”
117 Rules of court
(1) Rules of court may make such provision as appears to the appropriate
authority to be necessary or expedient for the purposes of this Chapter; and the
appropriate authority is the authority entitled to make the rules.
(2) The rules may make provision about the procedure to be followed and other
conditions to be fulfilled by a party proposing to tender a statement in
evidence under any provision of this Chapter.
(3) The rules may require a party proposing to tender the evidence to serve on
each party to the proceedings such notice, and such particulars of or relating to
the evidence, as may be prescribed.
(4) The rules may provide that the evidence is to be treated as admissible by
agreement of the parties if—
(a) a notice has been served in accordance with provision made under
subsection (3), and
(b) no counter-notice in the prescribed form objecting to the admission of
the evidence has been served by a party.
(5) If a party proposing to tender evidence fails to comply with a prescribed
requirement applicable to it—
(a) the evidence is not admissible except with the court’s leave;
(b) where leave is given the court or jury may draw such inferences from
the failure as appear proper;
(c) the failure may be taken into account by the court in considering the
exercise of its powers with respect to costs.
(6) In considering whether or how to exercise any of its powers under subsection
(5) the court shall have regard to whether there is any justification for the
failure to comply with the requirement.
(7) A person shall not be convicted of an offence solely on an inference drawn
under subsection (5)(b).
(8) Rules under this section may—
(a) limit the application of any provision of the rules to prescribed
(b) subject any provision of the rules to prescribed exceptions;
(c) make different provision for different cases or circumstances.
(9) Nothing in this section prejudices the generality of any enactment conferring
power to make rules of court; and no particular provision of this section
prejudices any general provision of it.
(10) In this section—
“prescribed” means prescribed by rules of court;
“rules of court” means—
(a) Crown Court Rules;
(b) Criminal Appeal Rules;
(c) rules under section 144 of the Magistrates’ Courts Act 1980
118 Proof of statements in documents
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.
119 Interpretation of Chapter 2
(1) In this Chapter—
“copy”, in relation to a document, means anything on to which
information recorded in the document has been copied, by whatever
means and whether directly or indirectly;
“criminal proceedings” means criminal proceedings in relation to which
the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a person charged
with an offence in those proceedings;
“document” means anything in which information of any description is
“oral evidence” includes evidence which, by reason of a defect of speech
or hearing, a person called as a witness gives in writing or by signs;
“statutory provision” means any provision contained in, or in an
instrument made under, this or any other Act, including any Act
passed after this Act.
(2) Section 100 (statements and matters stated) contains other general
(3) Where a defendant is charged with two or more offences in the same criminal
proceedings, this Chapter has effect as if each offence were charged in separate
120 Armed forces
Schedule 6 (hearsay evidence: armed forces) has effect.
121 Repeals etc
(1) In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to
some extent superseded by provisions of this Chapter) are repealed—
(a) Part II and Schedule 2 (which relate to documentary evidence);
(b) in Schedule 13, paragraphs 2 to 5 (which relate to documentary
evidence in service courts etc).
(2) In consequence of the repeal by subsection (1) above of section 25 of the
Criminal Justice Act 1988, section 3 of the Criminal Justice (International Co-
operation) Act 1990 (c. 5) is amended as follows—
(a) in subsection (8) for “section 25 of the Criminal Justice Act 1988” there
is substituted “Article 5 of the Criminal Justice (Evidence, Etc.)
(Northern Ireland) Order 1988”;
(b) in subsection (10) the words from “and” to the end are omitted.
Miscellaneous and supplemental
122 Evidence by video recording
(1) This section applies where—
(a) a person is called as a witness in proceedings for an offence triable only
on indictment, or for a prescribed offence triable either way,
(b) the person claims to have witnessed (whether visually or in any other
(i) events alleged by the prosecution to include conduct
constituting the offence or part of the offence, or
(ii) events closely connected with such events,
(c) he has previously given an account of the events in question (whether
in response to questions asked or otherwise),
(d) the account was given at a time when those events were fresh in the
person’s memory (or would have been, assuming the truth of the claim
mentioned in paragraph (b)),
(e) a video recording was made of the account,
(f) the court has made a direction that the recording should be admitted as
evidence in chief of the witness, and the direction has not been
(g) the recording is played in the proceedings in accordance with the
(2) If, or to the extent that, the witness in his oral evidence in the proceedings
asserts the truth of the statements made by him in the recorded account, they
shall be treated as if made by him in that evidence.
(3) A direction under subsection (1)(f)—
(a) may not be made in relation to a recorded account given by the
(b) may be made only if it appears to the court that—
(i) the witness’s recollection of the events in question is likely to
have been significantly better when he gave the recorded
account than it will be when he gives oral evidence in the
(ii) it is in the interests of justice for the recording to be admitted,
having regard in particular to the matters mentioned in
(4) Those matters are—
(a) the interval between the time of the events in question and the time
when the recorded account was made;
(b) any other factors that might affect the reliability of what the witness
said in that account;
(c) the quality of the recording;
(d) any views of the witness as to whether his evidence in chief should be
given orally or by means of the recording.
(5) For the purposes of subsection (2) it does not matter if the statements in the
recorded account were not made on oath.
(6) In this section “prescribed” means of a description specified in an order made
by the Secretary of State.
123 Video evidence: further provisions
(1) Where a video recording is admitted under section 122, the witness may not
give evidence in chief otherwise than by means of the recording as to any
matter which, in the opinion of the court, has been dealt with adequately in the
(2) The reference in subsection (1)(f) of section 122 to the admission of a recording
includes a reference to the admission of part of the recording; and references in
that section and this one to the video recording or to the witness’s recorded
account shall, where appropriate, be read accordingly.
(3) In considering whether any part of a recording should be not admitted under
section 122, the court must consider—
(a) whether admitting that part would carry a risk of prejudice to the
(b) if so, whether the interests of justice nevertheless require it to be
admitted in view of the desirability of showing the whole, or
substantially the whole, of the recorded interview.
(4) A court may not make a direction under section 122(1)(f) in relation to any
(a) the Secretary of State has notified the court that arrangements can be
made, in the area in which it appears to the court that the proceedings
will take place, for implementing directions under that section, and
(b) the notice has not been withdrawn.
(5) Nothing in section 122 affects the admissibility of any video recording which
would be admissible apart from that section.