§ 264 — Conditioned statements

264.—(1) Despite anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if the following conditions are satisfied:(a)

the statement appears to be signed by the person who made it;

(b)

the statement contains a declaration by the person to the effect that it is true to the best of the person’s knowledge and belief and that the person made the statement knowing that, if it were given in evidence, the person would be liable to prosecution if the person stated in it anything the person knew to be false or did not believe to be true;

(c)

before the hearing at which the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the proceedings;

(d)

before or during the hearing, the parties agree to the statement being tendered in evidence under this section;

(e)

the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.[19/2018]

(2) The following provisions also apply to any written statement given in evidence under this section:(a)

if the statement is by a person below 21 years of age, it must state his or her age;

(b)

if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him or her, stating that it was so read;

(c)

if it refers to any other document as an exhibit, the copy of the written statement must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or a copy of it.

(3) Where in any criminal proceeding a written statement made by any person is admitted in evidence under this section —(a)

the party by whom or on whose behalf a copy of the statement was served may call the person to give evidence; and

(b)

the court may, of its own motion or on the application of any party to the proceeding, require the person to attend before the court and give evidence.

(4) Unless the court directs otherwise, so much of any statement as is admitted in evidence under this section must be read aloud at the hearing.[19/2018]

(4A) Where the court directs under subsection (4) that any part of a statement admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of that statement that is not read aloud.[19/2018]

(5) A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

—(1) Despite anything in this Code or in any other written law, a written statement made by any person is admissible as evidence in any criminal proceeding, to the same extent and to the same effect as oral evidence given by the person, if the following conditions are satisfied:(a)

the statement appears to be signed by the person who made it;

(b)

the statement contains a declaration by the person to the effect that it is true to the best of the person’s knowledge and belief and that the person made the statement knowing that, if it were given in evidence, the person would be liable to prosecution if the person stated in it anything the person knew to be false or did not believe to be true;

(c)

before the hearing at which the statement is given in evidence, a copy of the statement is served, by or on behalf of the party proposing to give it, on each of the other parties to the proceedings;

(d)

before or during the hearing, the parties agree to the statement being tendered in evidence under this section;

(e)

the court is satisfied that the accused is aware of this section or is represented by an advocate during the criminal proceeding.[19/2018]

(2) The following provisions also apply to any written statement given in evidence under this section:(a)

if the statement is by a person below 21 years of age, it must state his or her age;

(b)

if it is made by a person who cannot read it, it must be read to him or her before he or she signs it and must be accompanied by a declaration by the person who read the statement to him or her, stating that it was so read;

(c)

if it refers to any other document as an exhibit, the copy of the written statement must be accompanied by a copy of that document or by information that will enable the party on whom it is served to inspect that document or a copy of it.

(3) Where in any criminal proceeding a written statement made by any person is admitted in evidence under this section —(a)

the party by whom or on whose behalf a copy of the statement was served may call the person to give evidence; and

(b)

the court may, of its own motion or on the application of any party to the proceeding, require the person to attend before the court and give evidence.

(4) Unless the court directs otherwise, so much of any statement as is admitted in evidence under this section must be read aloud at the hearing.[19/2018]

(4A) Where the court directs under subsection (4) that any part of a statement admitted in evidence under this section need not be read aloud at the hearing, the court may also direct that an account be given orally of the part of that statement that is not read aloud.[19/2018]

(5) A document or an object referred to as an exhibit and identified in a written statement given in evidence under this section must be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.