Criminal Evidence Act, 1992
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Admission and weight of documentary evidence. |
8.—(1) In any criminal proceedings information or any part thereof that is admissible in evidence by virtue of section 5 shall not be admitted if the court is of opinion that in the interests of justice the information or that part ought not to be admitted. | |
(2) In considering whether in the interests of justice all or any part of such information ought not to be admitted in evidence the court shall have regard to all the circumstances, including— | ||
(a) whether or not, having regard to the contents and source of the information and the circumstances in which it was compiled, it is a reasonable inference that the information is reliable, | ||
(b) whether or not, having regard to the nature and source of the document containing the information and to any other circumstances that appear to the court to be relevant, it is a reasonable inference that the document is authentic, and | ||
(c) any risk, having regard in particular to whether it is likely to be possible to controvert the information where the person who supplied it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them. | ||
(3) In estimating the weight, if any, to be attached to information given in evidence by virtue of this Part, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise. |