Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

hearsay evidence definition

What does hearsay evidence mean? Hearsay evidence is any oral, written or recorded statement made outside the proceedings that a party asks the court to accept as proof of the truth of what is stated, where the maker is not giving that evidence in court. It commonly arises through documents, emails, business records, transcripts or reports, and carries distinct rules on admissibility and weight. In England and Wales, civil hearsay is admissible subject to the Civil Evidence Act 1995 and procedural requirements in the Civil Procedure Rules, including the definition in CPR r 33.1 and notice/weight provisions in Part 33. In criminal cases, admissibility is governed...

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

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Practice notes

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 and Safeguards against hearsay in criminal proceedings.

Other statutory exceptions to the rule against hearsay

A range of other statutes likewise create exceptions to the hearsay rule. These include...

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