Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Filing of formal statements

86: Evidential status of formal statements

You could also call this:

"What happens to the things you say and show in a formal statement for court"

Illustration for Criminal Procedure Act 2011

When you make a formal statement as part of a court case, it can be used as evidence. This means it can be used to help decide things before the trial, just like if you were speaking in court. You will also be treated as if you had already said those things before, when you get to the trial.

If you include things like documents or objects with your formal statement, they will be treated as if you had shown them in court. This is because you referred to them in your statement as something important to your case. These things will be considered as part of your statement, and can be used as evidence in the court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360152.


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Part 3Procedure before trial
Provisions applying only to jury trial procedure: Filing of formal statements

86Evidential status of formal statements

  1. A formal statement filed under section 85

  2. is admissible as evidence for the purposes of any pre-trial application to the same extent as if it were oral evidence; and
    1. is to be treated as a previous statement of that witness at the trial.
      1. Any document or object accompanying a formal statement, and referred to in that statement as an exhibit, must be treated as if it had been identified in court and produced as an exhibit by the maker of the statement.

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