Report No. 185
Section 39
The 69th report recommended that a subsection be added in section 39 that where a party has failed to give evidence any part of the statement, conversation etc. which is necessary, the other party may give that part in evidence. The proviso in the existing section 39 'as the court considers necessary' is deleted. Discretion of the court is substituted by discretion given to the other party. section 39 is split up into two subsections and a revised section 39 is recommended in the 69th Report as follows (the underlined words are new):
"39. (1) When any statement of which evidence is give.-
(a) forms part of a longer statement or of a conversation or of an isolated document, or
(b) is contained in a document which forms part of a book or of a connected series of letters or papers, then, subject to the provisions of subsection (2), the party giving evidence of the statement shall give in evidence so much, and no more, of the statement, conversation, document, book or series of letters or papers as is necessary in that particular case to the full understanding of the nature and effect of the statement and of the circumstances under which it was made.
(2) Where such party has failed to give in evidence any part of the statement, conversation, document, book or series of letters or papers which is necessary as aforesaid, the other party may give that part in evidence."
We agree with the above recommendation subject to the further amendment consequent to Act 21/2000 by adding the words 'or is contained in part of electronic record' after the word 'book' in proposed clause (b) of subsection (1) and later adding the words 'electronic record' after the word 'document' in the same subsection (1). We also recommend that the words 'electronic record' be added after the word 'document' in proposed subsection (2) also.
The revised section 39 should read as follows:
"How Much Of A Statement Is To Be Proved
"39. What evidence should be given when statement forms part of a conversation, electronic records, document, book or series of letters or papers.- (1) When any statement of which evidence is give.-
(a) forms part of a longer statement or of a conversation or part of an isolated document or part of an electronic record, or
(b) is contained in a document which forms part of a book or is contained in part of an electronic record or of a connected series of letters or papers, then, subject to the provisions of subsection (2), the party giving evidence of the statement shall give in evidence so much, and no more of the statement, conversation, document, electronic record, book or series of letters or papers as is necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.
(2) Where such party has failed to give in evidence any part of the statement, conversation, document, electronic record, book or series of letters or papers which is necessary as aforesaid, the other party may give that part in evidence."
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