PART 34HEARSAY EVIDENCE
When this Part applies | rule 34.1 |
Notice of hearsay evidence | rule 34.2 |
When the prosecutor must give notice of hearsay evidence | rule 34.3 |
When a defendant must give notice of hearsay evidence | rule 34.4 |
Opposing the introduction of hearsay evidence | rule 34.5 |
Methods of giving notice | rule 34.6 |
Court’s power to vary requirements under this Part | rule 34.7 |
Waiving the requirement to give a notice of hearsay evidence | rule 34.8 |
When this Part applies34.1
This Part applies in a magistrates' court and in the Crown Court where a party wants to introduce evidence on one or more of the grounds set out in section 114(1)(a) to (d) of the Criminal Justice Act 2003256, and in this Part that evidence is called “hearsay evidence”.
[Note. Section 114 of the 2003 Act provides that a statement not made in oral evidence in criminal proceedings is admissible as evidence of any matter stated only on certain conditions. 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. For the introduction of hearsay evidence in the Court of Appeal, see rule 68.20.]
Notice of hearsay evidence34.2
The party who wants to introduce hearsay evidence must give notice in the form set out in the Practice Direction to the court officer and all other parties.
When the prosecutor must give notice of hearsay evidence34.3
The prosecutor must give notice of hearsay evidence—
a
in a magistrates' court, at the same time as he complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996257 (disclosure by prosecutor); or
b
in the Crown Court, not more than 14 days after—
i
the committal of the defendant, or
ii
the consent to the preferment of a bill of indictment in relation to the case, or
iii
iv
where a person is sent for trial under section 51 of the Crime and Disorder Act 1998260 (indictable-only offences sent for trial), the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the 1998 Act.
When a defendant must give notice of hearsay evidence34.4
A defendant must give notice of hearsay evidence not more than 14 days after the prosecutor has complied with or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by prosecutor).
Opposing the introduction of hearsay evidence34.5
A party who receives a notice of hearsay evidence may oppose it by giving notice within 14 days in the form set out in the Practice Direction to the court officer and all other parties.
Methods of giving notice34.6
Where this Part requires a notice to be given it may, with the consent of the addressee, be sent by fax or other means of electronic communication.
Court’s power to vary requirements under this Part34.7
The court may—
a
dispense with the requirement to give notice of hearsay evidence;
b
allow notice to be given in a different form, or orally; or
c
shorten a time limit or extend it (even after it has expired).
Waiving the requirement to give a notice of hearsay evidence34.8
A party entitled to receive a notice of hearsay evidence may waive his entitlement by so informing the court and the party who would have given the notice.