The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of:
business records, and
documents prepared for pending or contemplated criminal proceedings or for a criminal investigation
Under the statutory regime the statement must be contained in a document or part of a document. Oral statements (or gestures) are therefore not admissible under CJA 2003, s 117.
See Practice Note: Admissibility of hearsay evidence.
The term 'statement' is defined in CJA 2003. It includes any representation of fact or opinion by a person.
CJA 2003, expressly provides that statements contained in a document are only admissible if oral evidence about the matter would be admissible in the proceedings. Therefore if the evidence is inadmissible by other rules of evidence the evidence cannot be admitted under CJA 2003, s 117.
To be admissible, statements contained in business records or other documents must satisfy the following conditions:
the document must have been created or received by a person in the course of a trade, business profession or other occupation (or the holder of a paid or unpaid office)
the supplier of the information in the document must be shown to have had personal knowledge of the information supplied, and
where the document contains information that has been supplied to more than one person, each person
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