123 Capability to make statement
123 Capability to make statement

(1)     Nothing in section 116, 119 or 120 makes a statement admissible as evidence if it was made by a person who did not have the required capability at the time when he made the statement.

(2)     Nothing in section 117 makes a statement admissible as evidence if any person who, in order for the requirements of section 117(2) to be satisfied, must at any time have supplied or received the information concerned or created or received the document or part concerned—

(a)     did not have the required capability at that time, or

(b)     cannot be identified but cannot reasonably be assumed to have had the required capability at that time.