HM Advocate v Weaver

Criminal evidence and procedure – Hearsay evidence – 'Statements' in police notebook extracts – Admissibility. Sheriff Court: Repelling a defence objection in a case in which the accused was charged with, inter alia, assaulting his partner, and granting an application by the Crown under s 259 of the Criminal Procedure (Scotland) Act 1995 (exceptions to the rule that hearsay evidence was inadmissible) seeking to have admitted at trial evidence of two 'statements' noted by police officers from a woman who had subsequently died, the court held that the notebook extracts attached to the Crown application comprised statements within the meaning of s 259(1)(d) of the 1995 Act.

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