The statutory conditions

Section 116 of the Criminal Justice Act 2003 (CJA 2003) governs the Admissibility of hearsay evidence in circumstances where the maker of the statement is ‘unavailable’ to give evidence. The statement of an unavailable witness is only admissible as evidence of any matter stated if the following conditions are satisfied:

1. •

   the evidence would be admissible as oral evidence in the proceedings, if the witness had been available to attend court

1. •

   the person who made the statement is identified to the court's Satisfaction, and

2. •

   the maker of the statement falls within one of the categories of unavailable witnesses. These are:

   1. ◦

      that the person is dead

   2. ◦

      that the person is unfit to be a witness because of a bodily or mental condition

   3. ◦

      that the person is outside the UK and it is not reasonably practicable to secure their attendance

   4. ◦

      that the person cannot be found, although reasonable practicable steps have been taken to find them, and

   5. ◦