Admissibility of evidence

The admissibility of evidence in criminal proceedings is primarily governed by the following key pieces of legislation:

•
Criminal Justice Act 2003 (CJA 2003)
•
Criminal Procedure and Investigations Act 1996
•
Police and Criminal Evidence Act 1984 (PACE 1984)
•
Criminal Procedure Rules 2020 (CrimPR), SI 2020/759

Admissibility of hearsay

Hearsay is a statement made other than in the present court proceedings (i.e made out of court) which is relied on for the truth of its contents rather than for some other purpose.

The maker of the statement must have intended to cause another person to believe the facts stated or to act on the basis that the facts were as stated.

If a piece of evidence is classified as hearsay it is only admissible if it can pass through one or more of four statutory gateways set out in CJA 2003. These are:

•
it falls within a statutory provision of CJA 2003
•
if the common law exceptions contained in CJA 2003 apply
•
if the parties agree
•
if it is in the interests of justice

The principal categories

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