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Clause 45 Production of documents

(1)This section applies if a party is cross-examining or has cross-examined a witness about—

(a)a prior inconsistent statement alleged to have been made by the witness that is recorded in a document; or

(b)a previous representation alleged to have been made by another person that is recorded in a document.

(2)If the court so orders or if another party so requires, the party must produce— to the court or to that other party.

(a)the document; or

(b)such evidence of the contents of the document as is available to the party—

(3)The court may—

(a)examine a document or evidence that has been so produced; and

(b)give directions as to its use; and

(c)admit it even if it has not been tendered by a party.

(4)Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter 3.

(5)The mere production of a document to a witness who is being cross-examined does not give rise to a requirement that the cross-examiner tender the document.