Admissibility of hearsay in criminal proceedings—the interests of justice gateway
Admissibility of hearsay in criminal proceedings—the interests of justice gateway

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Admissibility of hearsay in criminal proceedings—the interests of justice gateway
  • The statutory conditions
  • The court's approach to admitting hearsay in the interests of justice
  • Inappropriate use of 'the interests of justice' gateway
  • Examples of the admission of hearsay in the interest of justice
  • Procedure

The statutory conditions

Hearsay evidence may be admitted under one or more of the statutory gateways of admissibility contained in the Criminal Justice Act 2003 (CJA 2003).

See Practice Note: Admissibility of hearsay evidence in criminal proceedings.

One of the gateways of admissibility under CJA 2003 is 'in the interests of justice'.

In deciding whether or not to admit hearsay in the interests of justice, the court must have regard to the following factors

  1. the probative value of the statement

  2. the other evidence in the case

  3. how important the evidence is in the context of the case as a whole

  4. the circumstances in which the statement was made

  5. how reliable the maker of the statement appears to be

  6. how reliable the evidence of the making of the statement appears to be

  7. whether oral evidence of the matter can be given, and, if no, why not

  8. the difficulty involved in challenging the statement

  9. any prejudice caused to a party by the admission of the statement

The list of factors which the court should take into account is not exhaustive and the court can consider any other factors that it considers relevant.

In R v Taylor the Court of Appeal held that there was no obligation on the court to reach a conclusion on all nine factors. All that is required is the exercise