Financial Accountability Regime Act 2023
56Weight of evidence under section 55
Start here
Get a plain-English read of 56
Turn the raw legal text into a practical explanation grounded in Financial Accountability Regime Act 2023.
56 Weight of evidence under section 55
(1) If evidence of a statement made by a person at an examination of the person is admitted under section 55 in a proceeding, in deciding how much weight (if any) to give to the statement as evidence of a matter, regard is to be had to: (a) the length of period between the statement and the matter to which the statement relates; and (b) any reason the person may have had for concealing or misrepresenting a material matter; and (c) any other circumstances from which it is reasonable to draw an inference about the accuracy of the statement. (2) If the person is not called as a witness in the proceeding: (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting their credibility is so admissible; and (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time. (3) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.