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The Criminal Justice (Evidence) (Northern Ireland) Order 2004

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II EVIDENCE OF BAD CHARACTER

    1. Introductory

      1. 3.“Bad character”

      2. 4.Abolition of common law rules

    2. Persons other than defendants

      1. 5.Non-defendant’s bad character

    3. Defendants

      1. 6.Defendant’s bad character

      2. 7.“Important explanatory evidence”

      3. 8.“Matter in issue between the defendant and the prosecution”

      4. 9.“Matter in issue between the defendant and a co-defendant”

      5. 10.“Evidence to correct a false impression”

      6. 11.“Attack on another person’s character”

      7. 12.Stopping the case where evidence contaminated

      8. 13.Offences committed by a defendant when a child

    4. General

      1. 14.Assumption of truth in assessment of relevance or probative value

      2. 15.Court’s duty to give reasons for rulings

      3. 16.Rules of court

      4. 17.Interpretation of Part II

  4. PART III HEARSAY EVIDENCE

    1. Hearsay: main provisions

      1. 18.Admissibility of hearsay evidence

      2. 19.Statements and matters stated

    2. Principal categories of admissibility

      1. 20.Cases where a witness is unavailable

      2. 21.Business and other documents

      3. 22.Preservation of certain common law rules in relation to hearsay

      4. 23.Inconsistent statements

      5. 24.Other previous statements of witnesses

    3. Supplementary

      1. 25.Additional requirement for admissibility of multiple hearsay

      2. 26.Documents produced as exhibits

      3. 27.Capability to make statement

      4. 28.Credibility

      5. 29.Stopping the case where evidence is unconvincing

      6. 30.Court’s general discretion to exclude evidence

    4. Miscellaneous

      1. 31.Expert evidence: preparatory work

      2. 32.Confessions

      3. 33.Representations other than by a person

      4. 34.Evidence at retrial

    5. General

      1. 35.Rules of court

      2. 36.Proof of statements in documents

      3. 37.Interpretation of Part III

      4. 38.Repeals

  5. PART IV OTHER EVIDENCE

    1. Video Recording

      1. 39.Evidence by video recording

      2. 40.Video evidence: further provisions

    2. Documents to refresh memory

      1. 41.Use of documents to refresh memory

    3. Interpretation of Part IV

      1. 42.Interpretation of Part IV

  6. PART V SUPPLEMENTARY PROVISIONS

    1. 43.Saving

    2. 44.Supplementary and consequential provision

    3. 45.Orders

    4. 46.Consequential amendments and repeals

  7. Signature

  8. SCHEDULES:

    1. Schedule 1

      Consequential amendments

    2. Schedule 2

      Repeals

  9. Explanatory Note

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Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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