Director of Public Prosecutions v Sugden

Criminal evidence – Witness. The Divisional Court summarised the combined effect of the common law and s 139(1) of the Criminal Justice Act 2003. In particular, a copy or secondary evidence was not inadmissible, but the original's absence called for an explanation if sought, and the court would consider the copy's likely accuracy and any explanation for the original's absence. Further, whether or not a document, copy or secondary evidence was admitted, a party might refresh his memory from the document if the requirements of s 139(1) were met.

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