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Res gestae meaning

What does Res gestae mean?
Describes statements and acts so closely connected with a relevant event that the court treats them as part of the event itself. In practice it underpins a hearsay exception admitting spontaneous, contemporaneous statements made under the pressure of the incident, where the risk of concoction or distortion is negligible. Typical examples include 999 calls during an attack, immediate cries or identifications, and words accompanying and explaining an act. Not defined exhaustively in legislation: in England and Wales the common-law res gestae exception is preserved by section 118 of the Criminal Justice Act 2003 and applied through case law (requiring spontaneity, proximity in time, and reliability). Northern Ireland follows a broadly similar statutory-and-case-law approach. In Scotland the expression is descriptive; courts admit spontaneous statements forming part of the same transaction under Scots evidence rules. In Ireland it remains a common-law exception recognised by the courts. Key points: close temporal and causal link; statement prompted by the event; admitted for its truth despite the hearsay rule; subject to judicial control and directions on weight. Latin: “things done.”
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View the related Practice Notes about Res gestae

PRACTICE NOTES
Statutory and Common Law Gateways to Hearsay Admissibility in Criminal Proceedings (England and Wales)

Exceptions under the CJA 2003 The reception of hearsay evidence is governed by the Criminal Justice Act 2003 (CJA 2003). See Practice Note: Admissibility of hearsay evidence. The CJA 2003 expressly retains the common law exceptions to the hearsay rule for specified categories of proof. The preserved common law exceptions are: public information evidence of reputation res gestae (e.g. statements linked to the facts in issue that are an integral part of the events) confessions admissions by agents statements in furtherance of a common enterprise expert evidence See Practice Note: Admissibility of hearsay—preserved common law exceptions. The CJA 2003 also allows the admission of a previous inconsistent statement, i.e. a statement made by a witness before giving evidence that conflicts with their testimony at trial. Moreover, the Act makes express provision for other earlier statements by witnesses, e.g. statements used to rebut an allegation of recent fabrication. See Practice Notes: Admissibility of hearsay evidence in criminal proceedings...

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PRACTICE NOTES
CJA 2003 s118 preserved common law hearsay exceptions in criminal proceedings (England and Wales): public information, reputation, res gestae, confessions, agency admissions, common enterprise, and expert evidence

This Practice Note addresses the common law gateways for admitting hearsay in criminal cases that are expressly retained by section 118(1) of the Criminal Justice Act 2003 (CJA 2003). The framework on hearsay is contained in the CJA 2003. For additional guidance, see the Practice Note: Admissibility of hearsay evidence in criminal proceedings. Notwithstanding the statutory scheme, CJA 2003, s 118 preserves several traditional exceptions to the hearsay rule... Preserved categories of admissibility The common law exceptions maintained by section 118 are: public information reputation as to character reputation and family tradition res gestae confessions admissions by agents common enterprise expert evidence No notice is required to rely on hearsay that is admissible under any of these common law exceptions pursuant to the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 20...

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