45Production of document

45 Production of document

(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 –

(a) the document; or

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

to the court or to that other party.

(3)  The court may –

(a) examine a document or evidence that has been produced under subsection (2) ; 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 being cross-examined does not give rise to a requirement that the cross-examiner tender the document.