Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Admissibility definition

What does Admissibility mean? Admissibility describes, in practical terms, whether—and to what extent—a court will allow evidence about a fact in issue to be received by the tribunal of fact (jury, judge or magistrates). The judge acts as gatekeeper, deciding admissibility by reference to relevance, specific rules of evidence (for example on hearsay, opinion/expert evidence, bad character, privilege and public interest immunity), and discretionary powers to exclude material where its probative value is outweighed by unfair prejudice or where admission would compromise a fair trial. Across England & Wales and Northern Ireland, admissibility is shaped by common law and statute, including the Police and Criminal...

Hearsay from Unavailable Witnesses in Criminal Proceedings: Admissibility, Safeguards and Procedure under CJA 2003 s 116 (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

The statutory conditions

This Practice Note sets out the statutory requirements for admitting a statement from a witness who is not available in criminal proceedings in England and Wales, under section 116 of the Criminal Justice Act 2003 (CJA 2003). For wider guidance on the Admissibility of hearsay in criminal cases, see Practice Note: Admissibility of hearsay evidence in criminal proceedings. Section 116 CJA 2003 governs the use of hearsay where the maker of the statement is ‘unavailable’ to testify. A statement from such a witness is admissible as evidence of the matters asserted only where all of the following are satisfied:

the material would have been admissible as oral testimony had the witness been able to attend court
the individual who made the statement is identified to the court’s Satisfaction
the maker falls within one of the recognised categories of unavailable witnesses...

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Redmond Traynor

2 Hare Court

The core of Redmond’s practice is in the defence of individuals accused of criminal offences. He has a particular interest and expertise in cases involving young or otherwise vulnerable defendants. Redmond has acted in cases involving a broad range of criminal offences but with a focus upon offences of serious violence, drug supply and fraud.Redmond has a growing practice in matters relating to the Proceeds of Crime Act 2002. Redmond has experience advising companies who have been made subject to Account Freezing Orders and has defended in applications for cash forfeiture brought by the Police. Recently, Redmond acted successfully for an interested third party in restraint proceedings involving high-value antiques. Redmond has acted for defendants in planning enforcement litigation and subsequent proceedings under POCA.In addition to his criminal practice, Redmond has represented medical professionals at inquests and before their...

Web page updated on 21/05/2026

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