Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions
32C.—(1)  Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1) —
(a)any evidence which, if that person had been so called, would be admissible for the purpose of undermining or supporting that person’s credibility as a witness, is admissible for that purpose in those proceedings; and
(b)as regards any matter which, if that person had been so called, could have been put to him or her in cross‑examination for the purpose of undermining his or her credibility as a witness, being a matter of which, if he or she had denied it, evidence could not have been adduced by the cross‑examining party, evidence of that matter may with the leave of the court be given for that purpose.
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(2)  Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1), evidence tending to prove that, whether before or after he or she made that statement, he or she made another statement (orally, written or otherwise) inconsistent with the firstmentioned statement is admissible for the purpose of showing that the person has contradicted himself or herself.
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(3)  For the purposes of section 32(1)(b), subsections (1) and (2) apply in relation to both the maker of the statement and the person who originally supplied the information from which the statement was made.
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(4)  Section 32(2) applies for the purposes of this section as it applies for the purposes of section 32(1).
[4/2012]