Relevancy of statements: signed summons statements may be admitted when the maker is unavailable or the court permits in interest of justice. A signed statement made on appearance in response to a summons under section 70 is relevant in prosecution to prove its contents when the maker is unavailable to give evidence-being dead, unfindable, incapable, kept away by an adverse party, or when securing attendance would cause unreasonable delay or expense-or when the maker is examined and the court admits the prior 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 statements may be admitted when the maker is unavailable or the court permits in interest of justice.
A signed statement made on appearance in response to a summons under section 70 is relevant in prosecution to prove its contents when the maker is unavailable to give evidence-being dead, unfindable, incapable, kept away by an adverse party, or when securing attendance would cause unreasonable delay or expense-or when the maker is examined and the court admits the prior statement in the interest of justice.
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