Evidence Act 1929

Subject to this section, in prescribed proceedings, a statement not made in oral evidence in the proceedings (an out of court statement) is admissible as evidence of any matter stated if—

oral evidence given in the proceedings by the person who made the out of court statement would be admissible as evidence of that matter; and

the person who made the out of court statement (the relevant person) is identified to the court's satisfaction; and

any 1 of the conditions specified in subsection (2) is satisfied.

The conditions are as follows:

that the relevant person is dead;

that the relevant person is unfit to be a witness because of a bodily or mental condition;

that the relevant person is outside of the State and it is not reasonably practicable to secure his or her attendance;

that the relevant person cannot be found although such steps as it is reasonably practicable to take to find him or her have been taken;

that through fear the relevant person does not give (or does not continue to give) oral evidence in the proceedings, either at all or in connection with the subject matter of the out of court statement, and the court gives leave for the out of court statement to be given in evidence.

For the purposes of subsection (2)(e)

Leave may be given under subsection (2)(e) only if the court considers that the out of court statement ought to be admitted in the interests of justice, having regard to—

any information (whether or not given in evidence, or of a kind that could be given in evidence) suggesting threats have been made to the witness, whether directly or indirectly; and

the statement's contents; and

any risk that its admission or exclusion will result in unfairness to a defendant in the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence and the defendant is not able to cross‑examine the person); and

any other measures that could be taken by the court in relation to the relevant person; and

any other relevant circumstances.

A condition set out in any paragraph of subsection (2) which is in fact satisfied is to be treated as not satisfied if it is shown that the circumstances described in that paragraph are caused—

by the person in support of whose case it is sought to give the out of court statement in evidence; or

by a person acting on his or her behalf, in order to prevent the relevant person giving oral evidence in the proceedings (whether at all or in connection with the subject matter of the out of court statement).

Nothing in this section makes an out of court statement admissible as evidence if it was made by a person who was not competent at the time when he or she made the statement.

This section is in addition to, and does not derogate from, any other power of a court to admit an out of court statement into evidence.

In this section—

proceedings for a criminal offence; or

proceedings under the Serious and Organised Crime (Control) Act 2008.