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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...
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...