What is the documentary evidence exception in criminal proceedings regarding admissions?

In criminal proceedings, the documentary evidence exception regarding admissions allows for admissions to be admissible even if the maker is not present as a witness, as long as certain conditions are met. The principle behind this exception is that if the maker of the statement is unavailable or cannot be present to testify due to legitimate reasons, the statement can still be considered if it can be verified as reliable and true.

This relates to the broader concept of hearsay, where out-of-court statements are generally not admissible unless they fall within specified exceptions. In this case, if the maker of the statement can be called as a witness but is not, the admission may be excluded under the requirement that the witness should be available; however, if the maker is indeed unavailable, the evidence can still be used depending on the circumstances of the admissions.

The answer aligns with the fundamentals of evidence law, emphasizing the need for the availability of the maker of the admission to allow the defence and prosecution to interrogate the authenticity and context of the statement directly. This allows the jury to consider the context and credibility of the admissions while ensuring fair trial principles.