HL Deb 25 March 1993 vol 544 cc444-5

13 Schedule 3, Page 32, line 26, after second 'of' insert ', or of a material part of,'.

14 Page 32, line 27, after 'manner' insert 'and by such person'.

15 Page 32, line 27, leave out from 'prescribed' to 'shall' in line 28'.

16 Page 32, line 31, after 'document' insert' or the material part,'.

17 Page 32, line 32, leave out 'that' and insert 'the'.

18 Page 32, line 37, at beginning insert 'Except where it is a statement such as is mentioned in paragraph 2A(b) and (c) below.'.

19 Page 33, line 6, leave out 'but, if it was supplied indirectly, only if each person through whom it was supplied received' and insert 'unless, in the case of information supplied indirectly, it appears to the court that any person through whom it was so supplied did not both receive and supply'.

20 Page 33, leave out lines 9 to 25 and insert: '(3) Where in any proceedings a statement is admitted as evidence by virtue of this paragraph—

  1. (a) any evidence which if—
    1. (i) the maker of the statement; or
    2. (ii) where the statement was made on the basis of information supplied by another person, such supplier,
    had been called as a witness, would have been admissible as relevant to the witness's credibility shall be so admissible in those proceedings;
  2. (b) evidence may be given of any matter which, if the maker or as the case may be the supplier had been called as a witness, could have been put to him in cross-examination as relevant to his credibility but of which evidence could not have been adduced by the cross-examining party; and
  3. (c) evidence tending to prove that the maker or as the case may be the supplier, whether before or after making the statement or supplying the information on the basis of which the statement was made, made (in whatever manner) some other representation which is inconsistent with the statement shall be admissible for the purpose of showing that he has contradicted himself.
(4) In sub-paragraph (3) (c) above, "representation" does not include a representation in a precognition. 2A. A statement in a document shall be admissible in criminal proceedings as evidence of the fact that the statement was made if—
  1. (a) the document satisfies the conditions mentioned in sub-paragraph (1) (a) and (b) of paragraph 2 above;
    2. 445
  2. (b) the statement is made, whether directly or indirectly, by a person who in those proceedings is an accused; and
  3. (c) the statement, being exculpatory only, exculpates the accused.'.

21 Page 33, line 36, leave out from 'kept' to end of line 37.

22 Page 33, line 40, leave out from beginning to end of line 44 and insert: 'a document which satisfies the conditions mentioned in paragraph 2(1) (a) and (b) above does not contain a relevant statement as to a particular matter (or that no document, within a category of documents satisfying those conditions, contains such a statement) shall be admissible evidence whether or not the whole or any part of that document (or of the documents within that category and satisfying those conditions) has been produced in the proceedings. () For the purposes of sub-paragraph (1) above, a relevant statement is a statement which is of the kind mentioned in paragraph 2(1) (c) above and which, in the ordinary course of events, the document (or the document had there been one) might reasonably have been expected to contain.'.

23 Page 33, line 49, leave out from 'evidence' to end of line 50 and insert:

  1. '(a) on behalf of the business or undertaking by which; or
  2. (b) as or on behalf of the office-holder by or on behalf of whom,
the document is or was kept.'.

24 Page 35, line 12, after 'but', insert ', except in paragraph 6(1) (a),'.

25 Page 35, line 13, at end insert 'a statement which falls within one or more of the following descriptions'.

26 Page 35, line 14, leave out 'or'.

27 Page 35, line 15, leave out 'any other' and insert 'a'.

28 Page 35, line 18, after 'investigation' insert: 'or (c) a statement made by an accused person in so far as it incriminates a co-accused;'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 13 to 28. I propose to deal with all the amendments to Schedule 3 en bloc.

Noble Lords will recall that Schedule 3 was added to the Bill when it was last before this House. Since that time the Scottish Law Commission has published its report on documentary evidence and proof of undisputed facts in criminal proceedings. These amendments take account of its recommendations on the matter. The amendments are of a technical nature and the majority are made to implement more fully the Commission's recommendations. The remainder are minor technical or drafting improvements. They are not substantial, and with the leave of the House I do not propose to speak to them individually.

Moved, That the House do agree with the Commons in their Amendments Nos. 13 to 28.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.