The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
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
the probative value of the statement
the other evidence in the case
how important the evidence is in the context of the case as a whole
the circumstances in which the statement was made
how reliable the maker of the statement appears to be
how reliable the evidence of the making of the statement appears to be
whether oral evidence of the matter can be given, and, if no, why not
the difficulty involved in challenging the statement
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
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