Page:Police and Criminal Evidence Act 1984.pdf/120

114c. 60

SCHEDULE 3

1. Section 68(1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied was acting under a duty; and applies also where the person compiling the record is himself the person by whom the information is supplied.

2. Where—
 * (a) a document setting out the evidence which a person could be expected to give as a witness has been prepared for the purpose of any pending or contemplated proceedings; and
 * (b) it falls within subsection (1) of section 68 above,

a statement contained in it shall not be given in evidence by virtue of that section without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice, having regard—
 * (i) to the circumstances in which leave is sought and in particular to the contents of the statement; and