The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Hearsay evidence has long been recognised as potentially unreliable because of the dangers of concoction and the difficulty of testing or contradicting it when the witness is not in court to give evidence.
The Criminal Justice Act 2003 (CJA 2003) allows for the admission of hearsay evidence if one or more of the statutory grounds of admissibility are satisfied.
See Practice Note: Admissibility of hearsay evidence. The CJA 2003 also provides a series of safeguards designed to ensure that the admission of hearsay will not affect the fairness of the trial.
Under CJA 2003 the courts have a discretion to exclude hearsay evidence where the court is satisfied that the case for excluding the evidence substantially outweighs the case for admitting it.
The statutory discretion to exclude applies to all hearsay evidence, (including hearsay admitted under the common law exceptions preserved under the CJA 2003 or other statutory exceptions) whether tendered by the prosecution or the defence.
See Practice Notes: Admissibility of hearsay—preserved common law exceptions and The statutory exceptions to the rule against hearsay in criminal proceedings.
In R v C and K the Court of Appeal stated that the court's power to exclude hearsay under the CJA 2003 was discretionary and in addition to the general exclusionary power of the court under the Police and Criminal Evidence
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Summary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note sets out how to complete a statement of costs using court Form N260 or in such form that closely follows Form N260. It
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.