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Hearsay in English law information


The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005.

Section 114 of the Criminal Justice Act 2003 defines hearsay evidence as a statement not made in oral evidence in criminal proceedings and admissible as evidence of any matter stated but only if certain conditions are met, specifically where:

  • It is in the interests of justice to admit it (see section 114(1)(d))
  • The witness cannot attend (see section 116)
  • The evidence is in a document (see section 117)
  • The evidence is multiple hearsay (see section 121)

The meaning of "statements" and "matter stated" is explained in section 115 of the 2003 Act. "Oral evidence" is defined in section 134(1) of that Act.

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Hearsay in English law

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Hearsay in United States law

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English criminal law

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Outline of evidence law in the United States

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Recorded recollection Expert witnesses Privilege Hearsay in English law Hearsay in United States law Confessions Business records exception Excited utterance...

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Res gestae

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In American procedural law, it refers to a former exception to the hearsay rule for statements made spontaneously or as part of an act. The English and...

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Witness

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event, in law, a witness is different from an informant. A confidential informant is someone who claimed to have witnessed an event or have hearsay information...

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Law of evidence in South Africa

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stands as law, it is possible that the courts would allow such evidence in the future on the basis of their power to admit hearsay evidence in certain circumstances...

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Defamation

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honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass...

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Dying declaration

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In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may in common law nonetheless be admitted as evidence...

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Proffer

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inflammatory, hearsay, or would lack sufficient authentication, that party must make a proffer of what the evidence would have shown in order to preserve...

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Thelema

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Wraxall in his Historical Memoires (1815) accused the Monks of performing Satanic rituals, but these reports have been dismissed as hearsay. Daniel Willens...

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Whistleblowing

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assertions (and hide the fact that what it presents as testimony is in fact hearsay or manufactured, controlling the witness list as it does, reapplying...

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R v Horncastle

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Supreme Court of the United Kingdom regarding hearsay evidence and the compatibility of UK hearsay law with the right to a fair trial under Article 6...

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Consciousness of guilt

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In the law of evidence, consciousness of guilt is a type of circumstantial evidence that judges, prosecutors, and juries may consider when determining...

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Electronic signatures and law

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hearsay objection as a party-admission, where the statement was apparently within the scope of the author's and forwarder's employment.) Uruguay laws...

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Redirect examination

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Redirect examination, in the United States, is the questioning of a witness who has already provided testimony under oath in response to direct examination...

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Law of South Korea

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or a judicial police". However, this document is technically hearsay under the English American legal system and contains a record of a confession made...

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Arrest warrant

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(PDF). ACLU. Retrieved 13 August 2017. "Hearsay Evidence as a Basis for Prosecution, Arrest and Search". Indiana Law Journal. 32 (3). Spring 1957. Retrieved...

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Expert witness

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expert witness but not the percipient witness is the exception to the hearsay rule. A percipient witness tells only what he/she actually knows about...

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List of English words of Old English origin

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healand healer healing health heap heapful heapmeal hear heard hearing hearsay hearsome hearken heart heartache heartbeat heartbreak heartbreaker heartbroken...

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Declaration against interest

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In United States law, a declaration (or statement) against interest is an exception to the rule on hearsay in which a person's statement may be used,...

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Legal instrument

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court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written...

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