PART 34HEARSAY EVIDENCE

When this Part applies34.1

This Part applies—

a

in a magistrates’ court and in the Crown Court;

b

where a party wants to introduce hearsay evidence, within the meaning of section 114 of the Criminal Justice Act 2003277.

[Note. Under section 114 of the Criminal Justice Act 2003, a statement not made in oral evidence is admissible as evidence of any matter stated if—

a

a statutory provision makes it admissible;

b

a rule of law preserved by section 118 makes it admissible;

c

the parties agree to it being admissible; or

d

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

Under section 115 of the Act—

a

a “statement” means any representation of fact or opinion, by any means, and includes a representation in pictorial form; and

b

a “matter stated” is something stated by someone with the apparent purpose of—

i

causing another person to believe it, or

ii

causing another person, or a machine, to act or operate on the basis that the matter is as stated.]