Section 149

BSA Section 149 makes one key extension from IEA Section 145: 'or in electronic form' is added after 'in writing.' This seemingly minor addition has significant practical implications. **The electronic form extension — what it means in practice:** - WhatsApp messages: a witness who gave WhatsApp admissions can now be confronted with those messages in cross-examination (previously, there was argument about whether WhatsApp messages were 'statements in writing' under IEA S.145). - Video statements: a witness who gave a video statement to police or an interviewer can be cross-examined on inconsistencies between the video and their court testimony. - Audio recordings: phone call recordings capturing a witness's prior statements can be used. - Social media posts: a witness's prior social media posts stating facts inconsistent with their court testimony can be used. **The S.57 certificate requirement for electronic prior statements:** To formally 'prove' the electronic prior statement (as required when contradicting a witness), the BSA Section 57 certification requirements apply. The electronic record must be accompanied by a certificate. This creates an important sequencing: in cross-examination, the advocate can ask about the WhatsApp message freely (BSA S.149 first sentence — no need to show); but to formally prove it for contradiction, a Section 57 certificate is required. **The procedure remains the same:** The core procedure — show the witness the relevant parts before formally proving for contradiction — is unchanged. BSA Section 149 extends the procedure to electronic statements.