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Legal Terms-Hostile Witness
An adverse witness called by a party who then refuses to testify truthfully or gives evidence contrary to their prior statement. With the court’s permission, the calling party may cross-examine the hostile witness and confront them with prior inconsistent statements.
Under the Criminal Justice Act 2003, where such inconsistencies are admitted or proved, the previous statement is inadmissible as substantive evidence unless it satisfies the rules governing admissibility of oral evidence.
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