Part 11Evidence

Chapter 2Hearsay evidence

Hearsay: main provisions

I1114Admissibility of hearsay evidence

1

In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—

a

any provision of this Chapter or any other statutory provision makes it admissible,

b

any rule of law preserved by section 118 makes it admissible,

c

all parties to the proceedings agree to it being admissible, or

d

the court is satisfied that it is in the interests of justice for it to be admissible.

2

In deciding whether a statement not made in oral evidence should be admitted under subsection (1)(d), the court must have regard to the following factors (and to any others it considers relevant)—

a

how much probative value the statement has (assuming it to be true) in relation to a matter in issue in the proceedings, or how valuable it is for the understanding of other evidence in the case;

b

what other evidence has been, or can be, given on the matter or evidence mentioned in paragraph (a);

c

how important the matter or evidence mentioned in paragraph (a) is in the context of the case as a whole;

d

the circumstances in which the statement was made;

e

how reliable the maker of the statement appears to be;

f

how reliable the evidence of the making of the statement appears to be;

g

whether oral evidence of the matter stated can be given and, if not, why it cannot;

h

the amount of difficulty involved in challenging the statement;

i

the extent to which that difficulty would be likely to prejudice the party facing it.

3

Nothing in this Chapter affects the exclusion of evidence of a statement on grounds other than the fact that it is a statement not made in oral evidence in the proceedings.