Hearsay Evidence (Criminal Justice Act 2003, s.114)

Question 1

What is the definition of hearsay evidence?

Answer 1

A statement not made in oral evidence that is relied on as evidence of a matter stated (s.114(1) CJA 2003).

Question 2

When is hearsay admissible?

Answer 2

Statutory exceptions: s.114(1) CJA 2003

Unavailable witness (s.116) – due to death, incapacity, being outside the UK, being untraceable, or fear.

Business and other records (s.117) – Documents created in the course of business operations.

Previous inconsistent statements (s.119) – Prior statements of a witness used as evidence.

Previous consistent statements (s.120) – When a prior statement is relied on in trial.

Common law exceptions (s.114(1)(b), preserved under s.118(1)):

Res Gestae – Statements made spontaneously under the stress of an event, where there was no opportunity for fabrication (e.g., an assault victim naming their attacker before dying).

Agreement between parties (s.114(1)(c))

Interests of justice test (s.114(1)(d)) – Factors include probative value, reliability, and the difficulty in challenging the statement.

Question 3

How can hearsay evidence be challenged?

Answer 3

Unreliable source – If the statement lacks credibility.

Prejudicial impact outweighs probative value – If admitting the evidence would be unfair to the defendant (s.78 PACE 1984).

Breach of defendant’s fair trial rights – Hearsay must not violate Article 6 ECHR (right to a fair trial).