Criminal Evidence Act 1992

Notice of documentary evidence.

7

7. (1) Information in a document shall not, without the leave of the court, be admissible in evidence by virtue of section 5 at a trial unless—

( a) a copy of the document and, where appropriate, of a certificate pursuant to section 6 (1) has been served on the accused F6 [ pursuant to section 4B(1) or 4C(1) of the Criminal Procedure Act, 1967 , ] or

( b) not later than 21 days before the commencement of the trial, a notice of intention so to give the information in evidence, together with a copy of the document and, where appropriate, of the certificate, is served by or on behalf of the party proposing to give it in evidence on each of the other parties to the proceedings.

(2) A party to the proceedings on whom a notice has been served pursuant to subsection (1) shall not, without the leave of the court, object to the admissibility in evidence of the whole or any specified part of the information concerned unless, not later than 7 days before the commencement of the trial, a notice objecting to its admissibility is served by or on behalf of that party on each of the other parties to the proceedings.

(3) A document required by this section to be served on any person may, subject to subsection (4), be served—

( a) by delivering it to him or to his solicitor,

( b) by addressing it to him and leaving it at his usual or last known residence or place of business or by addressing it to his solicitor and leaving it at the solicitor's office,

( c) by sending it by registered post to him at his usual or last known residence or place of business or to his solicitor at the solicitor’s office, or

( d) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it by registered post to the secretary or clerk of that body at that office.

(4) A document required by this section to be served on an accused shall be served personally on him if he is not represented by a solicitor.

Annotations

Amendments:

F6

Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 18(2), S.I. No. 193 of 2001.

Modifications (not altering text):

C3

References in section to certain documents or information contained in them construed by Taxes Consolidation Act 1997 (39/1997), s. 908D(6)(b), as inserted (2.04.2007) by Finance Act 2007 (11/2007), s. 124(c), commenced on enactment.

[Order to produce evidential material.

908D.— ...

(6) (a) Information contained in books, documents or records which were produced to an authorised officer, or to which an authorised officer was given access, in accordance with an order under this section, shall be admissible in any criminal proceedings as evidence of any fact therein of which direct oral evidence would be admissible unless the information —

(i) is privileged from disclosure in such proceedings,

(ii) was supplied by a person who would not be compellable to give evidence at the instance of the prosecution,

(iii) was compiled for the purposes of, or in contemplation of, any—

(I) criminal investigation,

(II) investigation or inquiry carried out pursuant to or under any enactment,

(III) civil or criminal proceedings, or

(IV) proceedings of a disciplinary nature,

or unless the requirements of the provisions mentioned in paragraph (b) are not complied with.

(b) References in sections 7 (notice of documentary evidence to be served on accused), 8 (admission and weight of documentary evidence) and 9 (admissibility of evidence as to credibility of supplier of information) of the Criminal Evidence Act 1992 to a document or information contained in it shall be construed as including references to books, documents and records mentioned in paragraph (a) and the information contained in them, and those provisions shall have effect accordingly with any necessary modifications. ]

...

C4

References in section to certain documents or information contained in them construed (19.12.2001) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 52(6)(b), commenced on enactment as per s. 1(3).

Order to produce evidential material.

52.— ...

(6) ( a) Information contained in a document which was produced to a member of the Garda Síochána, or to which such a member was given access, in accordance with an order under this section shall be admissible in any criminal proceedings as evidence of any fact therein of which direct oral evidence would be admissible unless the information —

(i) is privileged from disclosure in such proceedings,

(ii) was supplied by a person who would not be compellable to give evidence at the instance of the prosecution,

(iii) was compiled for the purposes or in contemplation of any —

(I) criminal investigation,

(II) investigation or inquiry carried out pursuant to or under any enactment,

(III) civil or criminal proceedings, or

(IV) proceedings of a disciplinary nature,

or unless the requirements of the provisions mentioned in paragraph (b) are not complied with.

( b) References in sections 7 (notice of documentary evidence to be served on accused), 8 (admission and weight of documentary evidence) and 9 (admissibility of evidence as to credibility of supplier of information) of the Criminal Evidence Act, 1992, to a document or information contained in it shall be construed as including references to a document mentioned in paragraph (a) and the information contained in it, and those provisions shall have effect accordingly with any necessary modifications.

...