Evidence Act 1929

This section applies if in prescribed proceedings—

a statement not made in oral evidence in the proceedings (an out of court statement) is admitted as evidence of a matter stated; and

the maker of the out of court statement does not give oral evidence in connection with the subject matter of the statement.

In a case to which this section applies—

any evidence which (if the person who made the out of court statement had given such evidence) would have been admissible as relevant to the reliability of the statement and the person's credibility as a witness is so admissible in the proceedings; and

evidence may, with the court's leave, be given of any matter which (if the person who made the out of court statement had given such evidence) could have been put to the person in cross‑examination as relevant to the reliability of the statement and the person's credibility as a witness but of which evidence could not have been adduced by the cross‑examining party; and

evidence tending to prove that the person who made the out of court statement made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that the person contradicted himself or herself.

If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation.

In this section—

proceedings for a criminal offence; or

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