Part 11Evidence
Chapter 2Hearsay evidence
Hearsay: main provisions
I1114Admissibility of hearsay evidence
1
In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—
a
any provision of this Chapter or any other statutory provision makes it admissible,
b
any rule of law preserved by section 118 makes it admissible,
c
all parties to the proceedings agree to it being admissible, or
d
the court is satisfied that it is in the interests of justice for it to be admissible.
2
In deciding whether a statement not made in oral evidence should be admitted under subsection (1)(d), the court must have regard to the following factors (and to any others it considers relevant)—
a
how much probative value the statement has (assuming it to be true) in relation to a matter in issue in the proceedings, or how valuable it is for the understanding of other evidence in the case;
b
what other evidence has been, or can be, given on the matter or evidence mentioned in paragraph (a);
c
how important the matter or evidence mentioned in paragraph (a) is in the context of the case as a whole;
d
the circumstances in which the statement was made;
e
how reliable the maker of the statement appears to be;
f
how reliable the evidence of the making of the statement appears to be;
g
whether oral evidence of the matter stated can be given and, if not, why it cannot;
h
the amount of difficulty involved in challenging the statement;
i
the extent to which that difficulty would be likely to prejudice the party facing it.
3
Nothing in this Chapter affects the exclusion of evidence of a statement on grounds other than the fact that it is a statement not made in oral evidence in the proceedings.