As a general rule, hearsay is not Admissible evidence in Scottish criminal trials (see, for example: Introduction: Stair Memorial Encyclopaedia [229]). There are, however, a number of exceptions to that general rule.

The first and most basic exception allowed in Scots Law is that evidence of hearsay may be led to show that the statement was made (primary hearsay). Such evidence, however, will not be admissible for the truth of the contents of the statement (secondary hearsay). For further information, see: Introduction: Stair Memorial Encyclopaedia [229]. This means that it is permissible to lead evidence to prove that something was said, which may go to prove state of Knowledge or to explain subsequent actions, but the evidence cannot prove that the thing said was true and accurate in its contents.

This Practice Note is concerned with the other principal exception to the hearsay rule: statements of the accused, which are generally always admissible despite being hearsay.