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Criminal Justice Act 1991

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Criminal Justice Act 1991 c i e AT 25 of 1991 CRIMINAL JUSTICE ACT 1991 Criminal Justice Act 1991 Index c i e CRIMINAL JUSTICE ACT 1991 Index Section Page PART 1 – EVIDENCE 7 CHAPTER I 7 Evidence in criminal proceedings - Documents 7 1 First-hand hearsay .......................................................................................................... 7 2 Business documents ....................................................................................................... 8 3 Principles to be followed by court ................................................................................ 9 4 Statements in documents prepared for criminal proceedings etc ......................... 10 5 Proof of statements contained in documents ............................................................ 10 6 Documentary evidence: supplementary ................................................................... 11 7 Evidence from computer records ............................................................................... 11 8 Microfilm copies ........................................................................................................... 12 9 Saving ............................................................................................................................. 12 10 Chapter I: Interpretation .............................................................................................. 12 CHAPTER II 13 Evidence in criminal proceedings – General 13 Confessions 13 11 Confessions .................................................................................................................... 13 12 [Repealed] ...................................................................................................................... 14 Miscellaneous 14 13 Exclusion of unfair evidence ....................................................................................... 14 14 Time for taking accused’s evidence ........................................................................... 14 15 Competence and compellability of accused’s spouse or civil partner .................. 14 16 Expert reports ................................................................................................................ 16 17 and 18 [Repealed] ......................................................................................................... 16 19 Chapter II: Interpretation ............................................................................................. 16 CHAPTER III 17 Exchange of evidence or information 17 19A Definitions for Chapter III ........................................................................................... 17 20 Evidence or information for use in Island ................................................................. 17 c AT 25 of 1991 Page 3 Index Criminal Justice Act 1991 21 Evidence or information for use outside Island ....................................................... 18 21A Offence of disclosure.................................................................................................... 20 22 Search etc for material relevant to section 21 ........................................................... 21 23 Rules of court ................................................................................................................ 22 PART 2 23 24 to 26 [Repealed] ............................................................................................................ 23 PART 3 – MISCELLANEOUS AND SUPPLEMENTAL 23 26A Transfer of prisoner in the Island to assist investigation overseas........................ 23 26B Transfer of prisoner to assist investigation in the Island ........................................ 24 27 Offensive weapons ....................................................................................................... 26 27A Offence of having article with blade or point in public place ................................ 27 27B Offence of having article with blade or point (or offensive weapon) on school premises ............................................................................................................. 28 27C Power of entry to search for articles with a blade or point and offensive weapons ......................................................................................................................... 29 28 Search warrants for offensive weapons .................................................................... 29 29 [Repealed] ...................................................................................................................... 30 30 Service of process in Island ......................................................................................... 30 31 Service of process outside Island ............................................................................... 31 32 Enforcement of external forfeiture orders ................................................................ 31 33 Amendments: misuse etc of drugs............................................................................. 32 34 Amendments: miscellaneous ...................................................................................... 32 35 Repeals ........................................................................................................................... 32 36 Short title and commencement ................................................................................... 32 SCHEDULE 1 33 PROVISIONS SUPPLEMENTARY TO SECTION 7 33 SCHEDULE 2 34 PROCEEDINGS BEFORE THE HIGH BAILIFF UNDER SECTION 21 34 SCHEDULE 3 37 AMENDMENTS RELATING TO MISUSE ETC. OF DRUGS 37 SCHEDULE 4 37 MISCELLANEOUS AMENDMENTS TO CRIMINAL JUSTICE ACTS 37 SCHEDULE 5 37 REPEAL OF ENACTMENTS 37 ENDNOTES 39 TABLE OF LEGISLATION HISTORY 39 Page 4 AT 25 of 1991 c Criminal Justice Act 1991 Index TABLE OF RENUMBERED PROVISIONS 39 TABLE OF ENDNOTE REFERENCES 39 c AT 25 of 1991 Page 5 Criminal Justice Act 1991 Section 1 c i e CRIMINAL JUSTICE ACT 1991 Received Royal Assent: 15 October 1991 Passed: 15 October 1991 Commenced: See endnotes AN ACT to make new provision for evidence in criminal proceedings; to enable the review of sentences on the application of the Attorney General; to make new provision with respect to offensive weapons; to prohibit the supply to persons under the age of 18 of certain substances which may cause intoxication if inhaled; to make new provision for the service of process; to make new provision for forfeiture orders; to amend enactments relating to the misuse etc. of drugs; to make miscellaneous amendments to enactments relating to the criminal law; and for connected purposes. GENERAL NOTE: The maximum fines in this Act are as increased by the Criminal Justice (Penalties, Etc.) Act 1993 s 1. PART 1 – EVIDENCE CHAPTER I Evidence in criminal proceedings - Documents 1 First-hand hearsay [P1988/33/23] (1) Subject — (a) to subsection (4); (b) to section 6(6) of the Criminal Appeal Act 1969 (evidence given orally at original trial to be given orally at retrial); and (c) to section 7, 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 — c AT 25 of 1991 Page 7 Section 2 Criminal Justice Act 1991 (i) the requirements of one of the paragraphs of subsection (2) are satisfied; or (ii) the requirements of subsection (3) are satisfied. (2) The requirements mentioned in subsection (1)(i) 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) the person who made the statement is outside the Island and 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) 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) does not render admissible a confession made by an accused person that would not be admissible under section 11. 2 Business documents [P1988/33/24] (1) Subject — (a) to subsections (3) and (4); (b) to section 6(6) of the Criminal Appeal Act 1969; and (c) to section 7, a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied — (i) the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and (ii) the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with. (2) Subsection (1) applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it — Page 8 AT 25 of 1991 c Criminal Justice Act 1991 Section 3 (a) in the course of a trade, business, profession or other occupation; or (b) as the holder of a paid or unpaid office. (3) Subsection (1) does not render admissible a confession made by an accused person that would not be admissible under section 11. (4) A statement prepared
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