Documents produced as exhibits
Part 11 Evidence
(1)This section applies if on a trial before a judge and jury for an offence—
(a)a statement made in a document is admitted in evidence under section 119 or 120, and
(b)the document or a copy of it is produced as an exhibit.
(2)The exhibit must not accompany the jury when they retire to consider their verdict unless—
(a)the court considers it appropriate, or
(b)all the parties to the proceedings agree that it should accompany the jury.
“document” means anything in which information of any description is recorded;
Defined in s.134(1) · see it in the full Act“copy”, in relation to a document, means anything on to which information recorded in the document has been copied, by whatever means and whether directly or indirectly;
Defined in s.134(1) · see it in the full Act(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.
Defined in Sch.22 para.11(2) · see it in the full ActThe court applied section 122 as imposing a general prohibition on a section 119 statement accompanying the jury. The absence of a special feature requiring the document meant that the judge should not have made an exception. (see paras [24]-[27]) Section 122(2) permits a document to accompany the jury only where the court considers that appropriate or all parties agree. The court held that the risk of disproportionate weight required a sufficient positive justification, which was absent here. (see paras [24]-[27])
The court held that the refusal to exclude the hearsay under this provision could not be impugned on appeal. (see para [62])
Although the document is received as an exhibit for section 120(3), it is not given to the jury unless the court specifically permits this. (see para [44])
What each judgment says about section 122 is in the case-law panel in the full Act.
419.This section provides that if a statement previously made by a witness is admitted in evidence and produced as an exhibit under Sections 119 or 120, the jury should not take the exhibit with them when they retire to the jury room, unless the court considers it appropriate or all the parties agree that it should accompany them.