Hearsay in English law

For other uses, see Hearsay.
Evidence
Part of the law series
Types of evidence
Relevance
Authentication
Witnesses
Hearsay and exceptions
Other common law areas

The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005.

Section 114 of the Criminal Justice Act 2003 defines hearsay evidence as a statement not made in oral evidence in criminal proceedings and admissible as evidence of any matter stated but only if certain conditions are met, specifically where:

  • It is in the interests of justice to admit it (see section 114(1)(d))
  • The witness cannot attend (see section 116)
  • The evidence is in a document (see section 117)
  • The evidence is multiple hearsay (see section 121)

The meaning of "statements" and "matter stated" is explained in section 115 of the 2003 Act. "Oral evidence" is defined in section 134(1) of that Act.