Section 31: Using Previous Witness Testimony in Later Cases
31.Relevancy of certain evidence for proving, in subsequent proceeding or later stage of same proceeding, the truth of facts stated in the evidence
Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding or in a later stage of the same judicial proceeding the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way iy the adverse party, or if his or her presence cannot be obtained without Ln amount of delay or expense which, in the circumstances of the case, the court considers unreasonable if—
(a)the proceeding was between the same parties or their representatives in interest;
(b)the adverse party in the first proceeding had the right and opportunity to cross-examine; and
(c)the questions in issue were substantially the same in the first as in the second proceeding.
Explanation."A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.
Plain English Summary
You can rely on evidence given by a witness in an earlier court case when that same witness is no longer available for a later case. This applies if t...
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