HL Deb 05 July 1995 vol 565 c1166

11 After Clause 16, insert the following clause:

Statements by accused

'.—(1) Subject to the following provisions of this section, nothing in sections (Exceptions to the rule that hearsay evidence is inadmissible) and (Admissibility of prior statements of witnesses) of this Act shall apply to a statement made by the accused.

(2) Evidence of a statement made by an accused shall be admissible by virtue of the said section (Exceptions to the rule that hearsay evidence is inadmissible) at the instance of another accused in the same proceedings as evidence in relation to that other accused.

(3) For the purposes of subsection (2) above, the first mentioned accused shall be deemed—

  1. (a) where he does not give evidence in the proceedings, to be a witness refusing to give evidence in connection with the subject matter of the statement as mentioned in paragraph (e) of subsection (2) of the said section (Exceptions to the rule that hearsay evidence is inadmissible); and
  2. (b) to have been, at the time the statement was made, a competent witness in the proceedings.

(4) Evidence of a statement shall not be admissible as mentioned in subsection (2) above unless the accused at whose instance it is sought to be admitted has given notice of his intention to do so as mentioned in subsection (5) of the said section (Exceptions to the rule that hearsay evidence is inadmissible); but subsection (6) of that section shall not apply in the case of notice required to be given by virtue of this subsection.'.

Lord Rodger of Earlsferry

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 11.

Moved, that the House do agree with the Commons in their Amendment No. 11.—(Lord Rodger of Earlsferry.)

On Question, Motion agreed to.