Clause 98 - Admissibility of hearsay evidence
Criminal Justice Bill
9:10 am
Mr Eric Illsley (Barnsley Central, Labour)
With this it will be convenient to discuss the following amendments:
No. 404, in
clause 98, page 57, line 20, leave out 'if, but only if' and insert 'unless'.
No. 522, in
clause 98, page 57, line 21, leave out
'or any other statutory provision'.
No. 405, in
clause 98, page 57, line 22, at end insert
'and the court is satisfied that, despite the difficulties there may be in challenging the statement, it would not be contrary to the interests of justice for it to be admitted'.
No. 406, in
clause 98, page 57, line 22, at end insert 'or'.
No. 407, in
clause 98, page 57, line 24, leave out 'or'.
No. 370, in
clause 98, page 57, line 25, leave out paragraph (d).
No. 373, in
clause 98, page 57, line 43, leave out paragraph (h) and insert—
'(h) Any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence)'.
No. 374, in
clause 98, page 58, line 1, leave out paragraph (i) and insert—
'(i) Any other relevant circumstances'.
No. 409, in
clause 98, page 58, line 2, at end insert
'; and the court shall not in any event admit a statement under that provision if of the opinion that, in consequence, any conviction of the defendant would be based wholly or substantially on statements not made in oral evidence in the proceedings'.