hearsay evidence meaning

Is the statement one defined by the Criminal Justice Act 2003 (CJA 2003)?...

Checklist This Checklist sets out the main factors for assessing whether hearsay evidence can be admitted via the interests of justice gateway in section 114 of the Criminal Justice Act 2003 (CJA 2003). Does the statement actually qualify as 'hearsay' under the CJA 2003?...

For further information relating to each of these stages, see the following Practice Notes: Case oversight in the magistrates’ courts The course of a criminal matter Phases of a summary hearing Burden and level of proof in criminal cases Ability and compellability of witnesses in criminal cases Witness testimony during a criminal trial Special arrangements Expert testimony in criminal proceedings Admitting a defendant’s bad character in criminal proceedings Admissibility of hearsay evidence in criminal proceedings Penalties imposed after conviction Obligation to give reasons and set out the effect of sentence imposed...

PI & Clinical Negligence weekly highlights—13 February 2025 In this issue: CPR updates Public authorities and the state Clinical negligence Employer’s liability Other PI and Clinical negligence news New content LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Useful information CPR updates 179th Practice Direction update and pre-action protocol update—in force 22 January 2025 and 6 April 2025 The 179th Practice Direction (PD) update takes effect on 6 April 2025. The Master of the Rolls and the Courts Minister have signed the Practice Direction Update, which sets out a series of amendments in support of the Civil Procedure (Amendment) Rules 2025, SI 2025/106...

Vardy v Rooney and another [2022] EWHC 2017 (QB) What are the practical implications of this case? This decision will attract attention as a concrete application of the truth defence, and for Steyn J’s conclusion that the public interest defence failed. It also clarifies the contours of the defences advanced in modern media litigation before the court. It further demonstrates the court’s readiness to make inferential findings of fact where: primary evidence is absent, or has been intentionally lost or destroyed journalists move to set aside witness summonses and disclosure orders by relying on source protection: see section 10 of the Contempt of Court Act 1981, and where waivers of source protection under that provision have been given (Mrs Vardy) or given and then withdrawn (Ms Watt) Mrs Vardy did not witness‑summon her ‘close friend and agent’, Ms Watt, who was by any measure a crucial witness; instead, she sought to use Ms Watt’s trial witness statement as hearsay there is a...

Novak (2) Nola (3) Nadim V (1) Norwood (2) Numai [2024] DIFC ARB 012, [2024] DIFC ARB 12 What are the practical implications of this case? The Novak v Norwood ruling reasserts the very stringent bar for annulling an arbitral award under the DIFC Arbitration Law. Advisers should caution clients that attempts to overturn an award in the DIFC Courts will only succeed in truly compelling circumstances. The judgment carries weight in four principal respects for arbitral practice in the DIFC. First, the DIFC Court found that the public policy carve-out in the DIFC Arbitration Law was not triggered because no established criminal conduct occurred within the UAE. A criminal conviction in the UAE would have been required to evidence a breach of public policy, and untested accusations of criminality in foreign jurisdictions do not suffice. Second, tribunals seated in the DIFC may admit hearsay, and, in any event, evidential rules do not implicate UAE public policy unless there is a criminal conviction... ...

Proving the identity of the driver Where the bench is satisfied the defendant was served with a notice under section 172 of the Road Traffic Act 1988, and the court receives a statement from the defendant admitting they were the driver, that statement is accepted as proof of identity. If no such admission exists—either because a RTA 1988, s 172 notice was not properly served in line with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 4, or the allegation is not one to which section 172 applies—the magistrates will look to other material. Information provided by the registered keeper to police during interview or questioning Entries held on the police national database See: Creed v Scott [1976] RTR 485 (not reported by LexisNexis®) and DPP v Bayliff [2003] EWHC 539 (Admin) (not reported by LexisNexis®). Details supplied to the police may suffice to prove who was driving; it is immaterial whether a driving licence is produced to confirm name...

This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise (FtP) proceedings before most healthcare regulators’ FtP panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of FtP proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council—fitness to practise proceedings Social Work England—fitness to practise proceedings This note applies to the healthcare regulators overseen by the Professional Standards Authority (PSA). For...

Exclusion under the Criminal Justice Act 2003 The admissibility of hearsay in criminal proceedings is regulated by the Criminal Justice Act 2003 (CJA 2003). The CJA 2003 also permits the reception of hearsay evidence where one or more statutory bases for admitting it are met. The Act also sets out numerous protections, labelled by the Court of Appeal in Horncastle as a ‘crafted code’, intended to secure that hearsay is received only where admitting it is fair. See Practice Note: Admissibility of hearsay evidence in criminal proceedings. Practitioners might first, at the outset, assess whether the hearsay could be ruled out altogether, in appropriate cases, under CJA 2003, s 126 or section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984), before turning to any further protections that could be employed should it be admitted. General discretion to exclude Pursuant to CJA 2003, s 126, the court has a discretion to refuse hearsay evidence where it is satisfied that the argument for exclusion, taking into...