Derek McDowell (Labour)

A judge will have an overriding obligation under section 16 not to permit a statement to be used as evidence of its contents if any injustice, risk or unfairness is perceived. That is written into section 16, which states:

(4) The statement shall not be admitted in evidence under this section if the court is of opinion——

(a) having had regard to all the circumstances, including any risk that its admission would be unfair to the accused or, if there are more than one accused, to any of them, that in the interests of justice it ought not to be so admitted, or

(b) that its admission is unnecessary, having regard to other evidence given in the proceedings.

There is an exclusionary rule to the effect that if there is any unfairness to the accused, a judge is obliged not to admit the evidence.