Section 46Part 4 — Civil proceedings
When witness's previous statement may be evidence
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where in a civil proceeding —
a previous inconsistent or contradictory statement made by a person called as a witness in those proceedings is proved by virtue of section 4, 5 or 6; or
a previous statement made by a person called as aforesaid is proved for the purpose of rebutting a suggestion that that person's evidence has been fabricated,
that statement is, by virtue of this subsection, admissible as evidence of any fact stated therein of which direct oral evidence by the person would be admissible.
Nothing in this Act affects any rule of law whereby, when a person called as a witness in any civil proceedings is cross-examined on a document used by the person to refresh the person's memory, that document may be made evidence in that proceeding or where a document or any part of it is received in evidence in such proceeding by virtue of any such rule, a statement made therein by the person using it to refresh the person's memory is, by virtue of this subsection, admissible as evidence of any fact therein of which direct oral evidence by the person would be admissible.