259 Exceptions to the rule that hearsay evidence is inadmissible
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Hearsay

259  Exceptions to the rule that hearsay evidence is inadmissible

(1)     Subject to the following provisions of this section, evidence of a statement made by a person otherwise than while giving oral evidence in court in criminal proceedings shall be admissible in those proceedings as evidence of any matter contained in the statement where the judge is satisfied—

(a)     that the person who made the statement will not give evidence in the proceedings of such matter for any of the reasons mentioned in subsection (2) [subsection (2) or (2A)] below;

(b)     that evidence of the matter would be admissible in the proceedings if that person gave direct oral evidence of it;

(c)     that the person who made the statement would have been, at the time the statement was made, a competent witness in such proceedings; and

(d)     that there is evidence which would entitle a jury properly directed, or in summary proceedings would entitle the judge, to find that the statement was made and that either—

(i)     it is contained in a document; or

(ii)     a person who gave oral evidence in the proceedings as to the statement has direct personal knowledge of the making of the statement.

(2)

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