Evidence can be presented in court in many forms, including testimony, real evidence, confessions and business documents, but one of the more controversial types of statements is presented in the form of hearsay evidence. The regulations that surround its admissibility in court is a topic in which Harewood Law is well informed, and we know exactly when hearsay evidence can be used to aid your defence.

What is hearsay evidence?  

Hearsay evidence is defined as a ‘statement not made in oral evidence that is evidence of any matter stated.’ (Section 114(1) Criminal Justice Act 2003).

It is an account of evidence given by someone who did not perceive the event transpire. It is not given by a witness to the event, and it is obtained through second-hand means.

This includes:

• An oral statement given by a third party whereby they obtained the information from a primary witness

• A written witness statement, even if this was written by a primary witness and documents their first hand-account of the criminal act

Examples of hearsay evidence

An example of hearsay evidence:

In a murder trial, a primary witness may state that they heard the scream of a woman being stabbed on a street on which a woman phoned the police following a knife attack. This witness would be considered a first-hand witness.

If this witness then passed her account of the events onto a friend or colleague, this friend or colleague would be considered a second-hand witness. This is because they obtained the information from the first-hand witness, but did not personally see, hear or perceive the crime themself.

Is hearsay evidence admissible in court?

Hearsay evidence is not admissible in a criminal trial however there are circumstances where it may be considered admissible:

• Where the judge, the defence, and the prosecution all agree to the admission of the evidence

• Where the admission of evidence is in the best interest of justice. For example, if hearsay evidence suggests that the accused was not present when the offence took place

• Whereby there is a common law exception

• Where the criminal justice act offers a statutory provision to make the statement admissible

When might hearsay evidence be admissible?

English law recognizes various exceptions to the general rule against hearsay evidence. These exceptions are designed to balance the need for fairness with the imperative of ensuring reliable evidence.

Some common exceptions include:

1. Business Records: Records kept in the ordinary course of business, such as invoices or account statements, may be admitted as hearsay evidence if they are deemed reliable and necessary for the resolution of the dispute.

2. Dying Declarations: Statements made by a person who believes they are facing imminent death may be admitted as hearsay evidence if they meet certain criteria, including reliability and necessity.

3. Spontaneous Statements: Statements made in the heat of the moment, under the stress or excitement of a startling event, may be admitted as hearsay evidence if they are considered reliable and relevant to the case.

4. Inability of access: When the person who made the statement is unable to appear in court.

5. Considering reputation: Where the evidence has been used to prove the good or bad character of an individual has been deemed admissible, it may also be deemed so as hearsay evidence.

6. ‘Common enterprise’: Where another individual who committed a crime with the accused makes a statement to to prove that the accused was present.

7. Professional consort: Experts who rely on the opinions of others within their field may be allowed to admit evidence that outlines the opinion of another.

The application of these exceptions is dependent on the case in question and the opinion of the court.

Our aim is to give every person a chance to fight for justice, as the law allows. Our criminal defence team are in your corner, and our intricate knowledge of criminal defence laws ensures you receive a robust defence, regardless of the need for hearsay evidence. We are in your corner.

We’re on your side and we’re here to help. If you’re going through extradition proceedings and you need a lawyer, please get in touch with one of our friendly team. Harewood Law are based in Leeds, near Bradford, Halifax, Wakefield, Huddersfield, Keighley and we cover West Yorkshire and across the UK, so contact Harewood Law today.

Contact Harewood Law today.
0333 3448377 | info@harewoodlaw.com