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08 October 2021

The exceptions to the rule of hearsay evidence

1 min

As stated in our previous article, hearsay in criminal cases can be identified using the approach set out in R v Twist [2011] 2 Cr App R 17 and the statutory framework established by the Criminal Justice Act 2003 (CJA). The general rule is that hearsay statements are inadmissible unless they come within an exception. This article will explore those exceptions.

The exceptions

Section 114 CJA sets out four exceptions to the general rule that hearsay statements are inadmissible in criminal proceedings, which are as follows:

  1. The statement is admissible under a statutory provision of CJA or any other statutory provision;
  2. the statement is admissible under a preserved common law exception;
  3. all of the parties in the proceeding agree to admit the hearsay statement; or
  4. the court is satisfied that it is in the interests of justice for the hearsay statement to be admitted.

Moving on to explore those exceptions in more detail:

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