Hearsay Part 2
Business and other documents
• Criminal Justice Act 2003, section 117:
(1) In criminal proceedings a statement contained in a document is admissible as
evidence of any matter stated if –
(a) oral evidence given in the proceedings would be admissible as evidence of
that matter,
(b) the requirements of subsection (2) are satisfied, and
(c) the requirements of subsection (5) are satisfied, in a case where subsection
(4) requires them to be.
(2) The requirements of this subsection are satisfied if –
(a) the document or the part containing the statement was created or received
by a person in the course of a trade, business, profession or other occupation, or as the
holder of a paid or unpaid office,
(b) the person who supplied the information contained in the statement (the
relevant person) had or may reasonably be supposed to have had personal knowledge of
the matters dealt with, and
(c) each person (if any) through whom the information was supplied from the
relevant person to the person mentioned in paragraph (a) received the information in the
course of a trade, business, profession or other occupation, or as the holder of a paid or
unpaid office.
(3) The persons mentioned in paragraphs (a) and (b) of subsection (2) may be the same
person.
(4) The additional requirements of subsection (5) must be satisfied if the statement …
was prepared for the purposes of pending or contemplated criminal proceedings, or for a
criminal investigation …
(5) The requirements of this subsection are satisfied if –
(a) any of the five conditions mentioned in section 116(2) is satisfied (absence of
relevant person etc), or
(b) the relevant person cannot reasonably be expected to have any recollection
of the matters dealt with in the statement (having regard to the length of time since he
supplied the information and all other circumstances).
6) A statement is not admissible under this section if the court makes a direction to
that effect under subsection (7).
(7) The court may make a direction under this subsection if satisfied that the
statement’s reliability as evidence for the purpose for which it is tendered is doubtful in
view of –
(a) its contents,
(b) the source of the information contained in it,
(c) the way in which or the circumstances in which the information was
supplied or received, or
(d) the way in which or the circumstances in which the document
concerned was created or received.
Business and other documents
• Criminal Justice Act 2003, section 117:
(1) In criminal proceedings a statement contained in a document is admissible as
evidence of any matter stated if –
(a) oral evidence given in the proceedings would be admissible as evidence of
that matter,
(b) the requirements of subsection (2) are satisfied, and
(c) the requirements of subsection (5) are satisfied, in a case where subsection
(4) requires them to be.
(2) The requirements of this subsection are satisfied if –
(a) the document or the part containing the statement was created or received
by a person in the course of a trade, business, profession or other occupation, or as the
holder of a paid or unpaid office,
(b) the person who supplied the information contained in the statement (the
relevant person) had or may reasonably be supposed to have had personal knowledge of
the matters dealt with, and
(c) each person (if any) through whom the information was supplied from the
relevant person to the person mentioned in paragraph (a) received the information in the
course of a trade, business, profession or other occupation, or as the holder of a paid or
unpaid office.
(3) The persons mentioned in paragraphs (a) and (b) of subsection (2) may be the same
person.
(4) The additional requirements of subsection (5) must be satisfied if the statement …
was prepared for the purposes of pending or contemplated criminal proceedings, or for a
criminal investigation …
(5) The requirements of this subsection are satisfied if –
(a) any of the five conditions mentioned in section 116(2) is satisfied (absence of
relevant person etc), or
(b) the relevant person cannot reasonably be expected to have any recollection
of the matters dealt with in the statement (having regard to the length of time since he
supplied the information and all other circumstances).
6) A statement is not admissible under this section if the court makes a direction to
that effect under subsection (7).
(7) The court may make a direction under this subsection if satisfied that the
statement’s reliability as evidence for the purpose for which it is tendered is doubtful in
view of –
(a) its contents,
(b) the source of the information contained in it,
(c) the way in which or the circumstances in which the information was
supplied or received, or
(d) the way in which or the circumstances in which the document
concerned was created or received.
