Witness Statements

CRIMINAL JUSTICE ACT 2006

 

PART 3

Admissibility of Certain Witness Statements

Definitions (Part 3).

15.— In this Part—

“audiorecording” includes a recording, on any medium, from which sound may by any means be produced, and cognate words shall be construed accordingly;

“proceedings” includes proceedings under section 4E (application by accused for dismissal of charge) of the Act of 1967 where oral evidence (within the meaning of subsection (5) of that section) is given;

“statement” means a statement the making of which is duly proved and includes—

(a) any representation of fact, whether in words or otherwise,

(b) a statement which has been videorecorded or audiorecorded, and

(c) part of a statement;

“statutory declaration” includes a statutory declaration made under section 17 or 18;

“videorecording” includes a recording, on any medium, from which a moving image may by any means be produced, together with the accompanying soundrecording, and cognate words shall be construed accordingly.

Admissibility of certain witness statements.

16.— (1) Where a person has been sent forward for trial for an arrestable offence, a statement relevant to the proceedings made by a witness (in this section referred to as “the statement”) may, with the leave of the court, be admitted in accordance with this section as evidence of any fact mentioned in it if the witness, although available for cross-examination—

(a) refuses to give evidence,

(b) denies making the statement, or

(c) gives evidence which is materially inconsistent with it.

(2) The statement may be so admitted if—

(a) the witness confirms, or it is proved, that he or she made it,

(b) the court is satisfied—

(i) that direct oral evidence of the fact concerned would be admissible in the proceedings,

(ii) that it was made voluntarily, and

(iii) that it is reliable,

and

(c) either—

(i) the statement was given on oath or affirmation or contains a statutory declaration by the witness to the effect that the statement is true to the best of his or her knowledge or belief, or

(ii) the court is otherwise satisfied that when the statement was made the witness understood the requirement to tell the truth.

(3) In deciding whether the statement is reliable the court shall have regard to—

(a) whether it was given on oath or affirmation or was videorecorded, or

(b) if paragraph (a) does not apply in relation to the statement, whether by reason of the circumstances in which it was made, there is other sufficient evidence in support of its reliability,

and shall also have regard to—

(i) any explanation by the witness for refusing to give evidence or for giving evidence which is inconsistent with the statement, or

(ii) where the witness denies making the statement, any evidence given in relation to the denial.

(4) The statement shall not be admitted in evidence under this section if the court is of opinion—

(a) having had regard to all the circumstances, including any risk that its admission would be unfair to the accused or, if there are more than one accused, to any of them, that in the interests of justice it ought not to be so admitted, or

(b) that its admission is unnecessary, having regard to other evidence given in the proceedings.

(5) In estimating the weight, if any, to be attached to the statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

(6) This section is without prejudice to sections 3 to 6 of the Criminal Procedure Act 1865 and section 21 (proof by written statement) of the Act of 1984.

F2[(7) A reference in subsection (1) to a person being sent forward for trial shall, in relation to proceedings before a Special Criminal Court, include, where appropriate, a reference to such a person being charged before that court.]

Annotations:

Amendments:

F2
Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 73(a), S.I. No. 525 of 2023.

Witness statements made to members of Garda Síochána.

17.— (1) A person who makes a statement to a member of the Garda Síochána during the investigation of an arrestable offence (not being a person who is at that time suspected by any such member of having committed it) may make a statutory declaration that the statement is true to the best of the person’s knowledge and belief.

(2) For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938 a member of the Garda Síochána may take and receive a statutory declaration made under subsection (1).

(3) Instead of taking and receiving such a statutory declaration the member may take the person’s statement on oath or affirmation and for that purpose may administer the oath or affirmation to him or her.

Other witness statements.

18.— (1) In this section—

“competent person” means a person employed by a public authority and includes an immigration officer who is deemed to have been appointed as such an officer under section 3 of the Immigration Act 2004;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority within the meaning of the Local Government Act 2001,

(d) the Health Service Executive,

(e) a harbour authority within the meaning of the Harbours Act 1946,

(f) a board or other body (not being a company) established by or under statute,

(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(h) a company in which all the shares are held by a board or other body referred to in paragraph (f) , or by a company referred to in paragraph (g) .

(2) A person who makes a statement to a competent person in the course of the performance of the competent person’s official duties may make a statutory declaration that the statement is true to the best of the person’s knowledge and belief.

(3) For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938 a competent person may take and receive a statutory declaration made under subsection (2) .

Regulations concerning certain witness statements which are recorded.

19.— (1) The Minister may, in relation to any statements of witnesses that may be videorecorded or audiorecorded by members of the Garda Síochána while investigating offences, make provision in regulations for—

(a) the manner in which any such recordings are to be made and preserved, and

(b) the period for which they are to be retained.

(2) Any failure by a member of the Garda Síochána to comply with a provision of the regulations shall not of itself—

(a) render the member liable to civil or criminal proceedings, or

(b) without prejudice to the power of a court to exclude evidence at its discretion, render inadmissible in evidence anything said during the recording concerned.

Amendment of section 4E of Act of 1967.

20.— Section 4E (application by accused for dismissal of charge) of the Act of 1967 is amended in subsection (5)(b)—

(a) by the substitution of “section 4F, or” for “section 4F.” in subparagraph (ii), and

(b) by the addition of the following subparagraph:

“(iii) any other videorecording, or an audiorecording, which may be admitted by the trial court as evidence of any fact stated in it.”.