united-kingdom evidence rules-of-court criminal-procedure
Section 9 Criminal Justice Act applicable to family law?
<p>Nuanced, procedural thing.</p>
<p>In the UK law system:</p>
<ul>
<li>Witness statement</li>
<li>Position statement</li>
<li>Statement of truth</li>
<li>Statement under oath</li>
</ul>
<p><a href="https://www.legislation.gov.uk/uksi/2020/759/part/16" rel="nofollow noreferrer">Criminal Procedure Rules 2020</a></p>
<blockquote>
<p>Under section 9 of the Criminal Justice Act 1967, if the conditions specified in that section are met the written statement of a witness is admissible in evidence to the same extent as if that witness gave evidence in person.</p>
</blockquote>
<p>I would like to accomplish something similar to Section 9, but applicable to family law, not criminal law.</p>
<hr />
<p>Some <a href="https://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-witness.htm#:%7E:text=14.,sign%20a%20declaration%20of%20truth." rel="nofollow noreferrer">google research</a> about section 9, CJA means Criminal Justice Act:</p>
<blockquote>
<p>A s9 CJA statement is preferable because:</p>
<p>s9 statements can, providing they have been accepted by the defence, be relied upon in court as evidence, without the witness attending court to give evidence;</p>
<p>Section 20(2)(j) gives you the power to require a person to sign a declaration of truth. This is not the same as the perjury declaration required under s9 CJA; the latter includes an acknowledgement by the witness that they are liable to be prosecuted if they wilfully say anything that they know to be false or untrue;</p>
</blockquote>
<p>Or maybe procedures from criminal law are applicable to family law by cross-pollination?</p>
<hr />
<p><strong>EDIT / UPDATE:</strong> Unfortunate wording</p>
<blockquote>
<p>&quot;I would like to accomplish something similar to Section 9, but applicable to family law, not criminal law.&quot;</p>
</blockquote>
<p><a href="https://twitter.com/marsxrobertson/status/1658782363348770816" rel="nofollow noreferrer">I knew</a> that I get the statement of truth but a breach here is &quot;only&quot; contempt of the court, not perjury, that's why enthusiastic towards Section 9 and CJA.</p>
<p><strong>EDIT / UPDATE:</strong> unfortunate context</p>
<blockquote>
<p>&quot;gives you the power to require a person to sign a declaration of truth. This is not the same as the perjury declaration&quot;</p>
</blockquote>
<p>I understand the different and I was hoping that by quoting this snippet I will highlight this knowledge. Now I've discovered yet another inconsistency:</p>
<ul>
<li>Statement of truth</li>
<li>Declaration of truth</li>
<li>Affidavit of truth</li>
</ul>
<blockquote>
<p>&quot;be produced on durable quality A4 paper with a 3.5 cm margin&quot;</p>
</blockquote>
<p>🤯 they are destroying court bundles anyway, what's the statutory definition of durable?</p>

<p>Section 9 CJA statements are for criminal proceedings, and there is no cross-pollination.</p>
<p>For family law, see <a href="https://www.legislation.gov.uk/uksi/2010/2955/rule/22.4?timeline=false" rel="nofollow noreferrer">Rule 22.4</a>, Family Procedure Rules 2010:</p>
<blockquote>
<p>22.4.—(1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.</p>
<p>(2) A witness statement must comply with the requirements set out in the Practice Direction 22A. (Part 17 requires a witness statement to be verified by a statement of truth.)</p>
</blockquote>
<p><a href="https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_22a" rel="nofollow noreferrer">Practice Direction 22A</a> is quite long and difficult for me to reproduce in full here, but of particular note is Paragraph 4.1:</p>
<blockquote>
<p>Subject to paragraph 4.2 and rules 14.2 and 29.1, the affidavit/statement must, if practicable, be in the maker's own words, it should be expressed in the first person, and the maker should –</p>
<ul>
<li>(a) commence –</li>
</ul>
<blockquote>
<p>(i) in an affidavit, ‘I (full name) of (residential address) state on oath .. ’;</p>
<p>(ii) in a statement, by giving his or her full name and residential address;</p>
</blockquote>
<ul>
<li><p>(b) if giving evidence in a professional, business or other occupational capacity, give the address at which he or she works in (a) above, the position held and the name of the firm or employer;</p>
</li>
<li><p>(c) give his or her occupation or (if none) description; and</p>
</li>
<li><p>(d) if it be the case that the maker is a party to the proceedings or is employed by a party to the proceedings, state that fact.</p>
</li>
</ul>
</blockquote>
