Relevancy of statements: signed summons responses may be admitted when the maker is unavailable or court admits in interest of justice. A statement made and signed in response to a summons under section 70 is admissible in prosecution to prove facts where the maker is unavailable to give evidence (dead, cannot be found, incapable, kept away, or presence causes unreasonable delay or expense). It is also admissible when the maker is examined as a witness and the court, having regard to the circumstances, admits the statement in the interest of justice.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Relevancy of statements: signed summons responses may be admitted when the maker is unavailable or court admits in interest of justice.
A statement made and signed in response to a summons under section 70 is admissible in prosecution to prove facts where the maker is unavailable to give evidence (dead, cannot be found, incapable, kept away, or presence causes unreasonable delay or expense). It is also admissible when the maker is examined as a witness and the court, having regard to the circumstances, admits the statement in the interest of justice.
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