116 Cases where a witness is unavailable

Principal categories of admissibility

116  Cases where a witness is unavailable

(1)     In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if—

(a)     oral evidence given in the proceedings by the person who made the statement would be admissible as evidence of that matter,

(b)     the person who made the statement (the relevant person) is identified to the court's satisfaction, and

(c)     any of the five conditions mentioned in subsection (2) is satisfied.

(2)     The conditions are—

(a)     that the relevant person is dead;

(b)     that the relevant person is unfit to

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