Part IV
for trial by virtue of section 6(2) above or the court otherwise directs, be read aloud at the hearing, and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.
(6) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
(7) Subsection (3) of section 13 of the 1925 c. 86.Criminal Justice Act 1925 (reading of deposition as evidence at the trial) shall apply to any written statement tendered in evidence in committal proceedings under this section as it applies to a deposition taken in such proceedings, but in its application to any such statement that subsection shall have effect as if paragraph (b) thereof were omitted.
(8) In section 2(2) of the 1933 c. 36.Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for preferring bills of indictment) the reference in proviso (i) to facts disclosed in any deposition taken before a justice in the presence of the accused shall be construed as including a reference to facts disclosed in any such written statement as aforesaid.
(9) Section 28 above shall not apply to any such statement as aforesaid.
(10) A person whose written statement is tendered in evidence in committal proceedings under this section shall be treated for the purposes of section 1 of the 1965 c. 69.Criminal Procedure (Attendance of Witnesses) Act 1965 (witness orders) as a witness who has been examined by the court.
Evidence of children in committal proceedings for sexual offences. 103.—(1) In any proceedings before a magistrates’ court inquiring into a sexual offence as examining justices—
- (a) a child shall not be called as a witness for the prosecution; but
- (b) any statement made in writing by or taken in writing from the child shall be admissible in evidence of any matter of which his oral testimony would be admissible,
except in a case where the application of this subsection is excluded under subsection (2) below.
(2) Subsection (1) above shall not apply—
- (a) where at or before the time when such a statement is tendered in evidence the defence objects to the application of that subsection; or
- (b) where the prosecution requires the attendance of the child for the purpose of establishing the identity of any person; or
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