http://www.legislation.gov.uk/ukpga/2003/44/section/126/notesPoliceSentencingLegislationArrestPrisonsExplanatory Notes to Criminal Justice Act 2003Home OfficeKing's Printer of Acts of Parliament2020-04-20 44 20th November 2003 424 This section provides a further discretion to exclude superfluous out of court statements if the court is satisfied that the value of the evidence is substantially outweighed by the undue waste of time which its admission would cause. Subsection (2) preserves both the existing common law power for the court to exclude evidence where its prejudicial effect is out of proportion to its probative value and the discretion contained in section 78 of the Police and Criminal Evidence Act 1984 in relation to the admission of unfair evidence.