Weight of evidence under section 55
56 Weight of evidence under section 55
If evidence of a statement made by a person at an examination of the person is admitted under section 55 in a proceeding, in deciding how much weight (if any) to give to the statement as evidence of a matter, regard is to be had to:
the length of period between the statement and the matter to which the statement relates; and
any reason the person may have had for concealing or misrepresenting a material matter; and
any other circumstances from which it is reasonable to draw an inference about the accuracy of the statement.
If the person is not called as a witness in the proceeding:
evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting their credibility is so admissible; and
evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.
However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.
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