Section 9 Statement (CJA 1967)
Definition
A written statement by a witness, including a forensic examiner, that is admissible in criminal proceedings in England and Wales without the witness attending, unless the other party serves a counter-notice within the prescribed period. It is the primary mechanism through which routine forensic reports enter the record.
- Statute
- Criminal Justice Act 1967, Section 9
- Jurisdiction
- England and Wales
- Default effect
- Written statement admitted without the witness attending
- Challenge route
- Counter-notice within the prescribed period
Common questions
What happens if the other party serves a counter-notice?+
The statement loses its automatic admissibility and the examiner is normally required to attend court and give live evidence, opening the report to cross-examination.
Why does this matter for a forensic laboratory's workload?+
It lets uncontested or routine findings, such as a straightforward drug identification, pass into the record on paper, freeing examiners to attend court only on the minority of cases that are actually contested.
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