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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Preservation of certain common law rules in relation to hearsay

43.Article 22preserves a number of common law exceptions to the old rule against the admissibility of hearsay evidence. This means that in the specified circumstances, an out of court statement will be admissible as evidence of any matters stated in it. These are:

  • “Public information”;

  • “Reputation as to character”;

  • “Reputation or family tradition”;

  • “Res gestae”;

  • “Confessions”;

  • “Admissions by agents”;

  • “common enterprise” is preserved;

  • “expert evidence” is preserved.

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