The Criminal Procedure Rules 2010

When this Part applies

This section has no associated Explanatory Memorandum

34.1.  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 2003(1).

[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.]