Section 9 Criminal Justice Act applicable to family law?

Question

Nuanced, procedural thing.

In the UK law system:

• Witness statement
• Position statement
• Statement of truth
• Statement under oath

Criminal Procedure Rules 2020

Under section 9 of the Criminal Justice Act 1967, if the conditions specified in that section are met the written statement of a witness is admissible in evidence to the same extent as if that witness gave evidence in person.

I would like to accomplish something similar to Section 9, but applicable to family law, not criminal law.

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Some google research about section 9, CJA means Criminal Justice Act:

A s9 CJA statement is preferable because:

s9 statements can, providing they have been accepted by the defence, be relied upon in court as evidence, without the witness attending court to give evidence;

Section 20(2)(j) gives you the power to require a person to sign a declaration of truth. This is not the same as the perjury declaration required under s9 CJA; the latter includes an acknowledgement by the witness that they are liable to be prosecuted if they wilfully say anything that they know to be false or untrue;

Or maybe procedures from criminal law are applicable to family law by cross-pollination?

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EDIT / UPDATE: Unfortunate wording

"I would like to accomplish something similar to Section 9, but applicable to family law, not criminal law."

I knew that I get the statement of truth but a breach here is "only" contempt of the court, not perjury, that's why enthusiastic towards Section 9 and CJA.

EDIT / UPDATE: unfortunate context

"gives you the power to require a person to sign a declaration of truth. This is not the same as the perjury declaration"

I understand the different and I was hoping that by quoting this snippet I will highlight this knowledge. Now I've discovered yet another inconsistency:

• Statement of truth
• Declaration of truth
• Affidavit of truth

"be produced on durable quality A4 paper with a 3.5 cm margin"

🤯 they are destroying court bundles anyway, what's the statutory definition of durable?

Answer 1

Section 9 CJA statements are for criminal proceedings, and there is no cross-pollination.

For family law, see Rule 22.4, Family Procedure Rules 2010:

22.4.—(1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.

(2) A witness statement must comply with the requirements set out in the Practice Direction 22A. (Part 17 requires a witness statement to be verified by a statement of truth.)

Practice Direction 22A is quite long and difficult for me to reproduce in full here, but of particular note is Paragraph 4.1:

Subject to paragraph 4.2 and rules 14.2 and 29.1, the affidavit/statement must, if practicable, be in the maker's own words, it should be expressed in the first person, and the maker should –

• (a) commence –

(i) in an affidavit, ‘I (full name) of (residential address) state on oath .. ’;

(ii) in a statement, by giving his or her full name and residential address;

• (b) if giving evidence in a professional, business or other occupational capacity, give the address at which he or she works in (a) above, the position held and the name of the firm or employer;

• (c) give his or her occupation or (if none) description; and

• (d) if it be the case that the maker is a party to the proceedings or is employed by a party to the proceedings, state that fact.