Bar Course Evidence Handout – Hearsay Part I
The nature of a hearsay statement under the CJA 2003
Hearsay Rule
S.114(1): In criminal proceedings a statement not made in oral evidence in the proceedings is
admissible as evidence of any matter stated if:
admissible under a statutory hearsay exception
admissible under a common law hearsay exception preserved by s.118 CJA 2003
admissible by agreement between the parties
admitted in the interests of justice in the exercise of the court’s inclusionary discretion.
What is hearsay?
Hearsay is defined as a statement that is not made in oral evidence, which is relied upon in the
proceedings as evidence of any matter stated.
“Statement”: S.115(2)
“A representation of fact or opinion made by a person by whatever means, and it includes a
representation made in a sketch, photofit or other pictorial form”. Thus, a statement may be
made in a number of ways, e.g. orally, in writing or by conduct but it must be made by a person.
“Not made in oral evidence”
This is self-explanatory and requires the statement (as defined above) to be made otherwise
than in oral evidence during the court proceedings. A statement made in court is not hearsay.
“Matter stated”
S.115(3) qualifies the meaning of “matter stated.” It provides that a matter stated is one to which
the hearsay provisions apply if at least one of the purposes of the person making the statement
was either:
to cause a person to believe the matter or
to cause a person to act or a machine to operate on the basis that the matter is as
stated.
Thus, a statement can only be a hearsay statement if the maker has one or more of these
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The nature of a hearsay statement under the CJA 2003
Hearsay Rule
S.114(1): In criminal proceedings a statement not made in oral evidence in the proceedings is
admissible as evidence of any matter stated if:
admissible under a statutory hearsay exception
admissible under a common law hearsay exception preserved by s.118 CJA 2003
admissible by agreement between the parties
admitted in the interests of justice in the exercise of the court’s inclusionary discretion.
What is hearsay?
Hearsay is defined as a statement that is not made in oral evidence, which is relied upon in the
proceedings as evidence of any matter stated.
“Statement”: S.115(2)
“A representation of fact or opinion made by a person by whatever means, and it includes a
representation made in a sketch, photofit or other pictorial form”. Thus, a statement may be
made in a number of ways, e.g. orally, in writing or by conduct but it must be made by a person.
“Not made in oral evidence”
This is self-explanatory and requires the statement (as defined above) to be made otherwise
than in oral evidence during the court proceedings. A statement made in court is not hearsay.
“Matter stated”
S.115(3) qualifies the meaning of “matter stated.” It provides that a matter stated is one to which
the hearsay provisions apply if at least one of the purposes of the person making the statement
was either:
to cause a person to believe the matter or
to cause a person to act or a machine to operate on the basis that the matter is as
stated.
Thus, a statement can only be a hearsay statement if the maker has one or more of these
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