Clause 101 - Business and other documents

Criminal Justice Bill – in a Public Bill Committee am 3:00 pm ar 28 Ionawr 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs)

Will the Minister tell me, when we consider the Clause, what change there is from existing provisions on business documents?

Photo of Michael Wills Michael Wills Parliamentary Under-Secretary, Home Office, Parliamentary Under-Secretary (Home Office) (Criminal Justice System IT)

Broadly, none. However, let me spell out the position for the record. The Clause broadly corresponds to the present position for admitting business records and other documents under section 24 of the Criminal Justice Act 1988, subject to a small drafting improvement recommended by the Law Commission. It clarifies that in cases where a

statement has been prepared with an eye to criminal proceedings, it would be admissible only if the witness who supplied the information, rather than the maker of the statement, is unavailable to give evidence.

As a class of evidence, business documents are likely to be far more inherently reliable than many other types of evidence before the courts. In many cases, there could be no better evidence than a business document compiled by someone who was knowledgeable about the matters in it, and it is widely accepted that business records constitute a particularly necessary form of evidence in many cases. We believe that reliable business documents should be automatically admissible. As a safeguard, however, the court also has the power to direct that the statement shall not be admissible as a business document when there is reason to doubt its reliability.

I hope that I have answered the hon. Gentleman's question.

Question put and agreed to.

Clause 101 ordered to stand part of the Bill.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Minister

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