Overview - Course of Trial
Examination in Chief
Previous consistent statement is considered inadmissible except based on s120 Criminal Justice Act 2003 which focus on the recent complaints made by victim of crime, statement in response to the accusation, previous identification or res gestae or rebutting any suggestion indicating recent fabrication.
s139 and s120 of Criminal Justice Act 2003 focus on the memory refreshing from the document which cover the situation where the witness unable to remember matters referred to and could not be reasonably expected to do so or statement made while the events are still fresh in the mind.
s3 Criminal Procedure Act 1865 focus on the hostile and unfavourable witness.
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