Part 34 Hearsay evidence

Contents of this Part
Title	Number
When this applies	Rule 34.1
Notice of hearsay evidence	Rule 34.2
When the prosecutor must give notice of hearsay evidence	Rule 34.3
When a defendant must give notice of hearsay evidence	Rule 34.4
Opposing the introduction of hearsay evidence	Rule 34.5
Revoked	Rule 34.6
Court’s power to vary requirements under this Part	Rule 34.7
Waiving the requirement to give a notice of hearsay evidence	Rule 34.8

When this applies

34.1

This Part applies in a magistrates’ court and in the Crown Court where a party wants to introduce evidence on one or more of the grounds set out in section 114(1)(d), section 116, section 117 and section 121 of the Criminal Justice Act 2003¹, and in this Part that evidence is called “hearsay evidence”.

Section 114 of the 2003 Act provides that a statement not made in oral evidence in criminal proceedings is admissible as evidence of any matter stated only on certain conditions.This Part applies only to evidence that is admissible on one or more of the following grounds set out in the 2003 Act², namely where (a) it is in the interests of justice for it to be admissible (see section 114(1)(d)), (b) the witness is unavailable to attend (see section 116), (c) the evidence is contained in a business, or other, document (see section 117) or (d) the evidence is multiple hearsay (see section 121). The meaning of “statements” and “matter stated” is explained in section 115 of the 2003 Act. “Oral evidence” is defined in section 134(1) of that Act. For the introduction of hearsay evidence in the Court of Appeal, see rule 68.20.

Notice of hearsay evidence

34.2

The party who wants to introduce hearsay evidence must give notice in the form set out in the Practice Direction to the court officer and all other parties.

When the prosecutor must give notice of hearsay evidence

34.3

The prosecutor must give notice of hearsay evidence—

(a) in a magistrates’ court, at the same time as he complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996³ (disclosure by prosecutor); or

(b) in the Crown Court, not more than 14 days after –

(i) the committal of the defendant, or

(ii) the consent to the preferment of a bill of indictment in relation to the case, or

(iii) the service of a notice of transfer under section 4 of the Criminal Justice Act 1987⁴ (serious fraud cases) or under section 53 of the Criminal Justice Act 1991⁵ (certain cases involving children), or

(iv) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998⁶ (indictable-only offences sent for trial), the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the 1998 Act.

When a defendant must give notice of hearsay evidence

34.4

A defendant must give notice of hearsay evidence not more than 14 days after the prosecutor has complied with or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by prosecutor).

Opposing the introduction of hearsay evidence

34.5

A party who receives a notice of hearsay evidence may oppose it by giving notice within 14 days in the form set out in the Practice Direction to the court officer and all other parties.

Revoked

34.6

Court’s power to vary requirements under this Part

34.7

The court may –

(a) dispense with the requirement to give notice of hearsay evidence;

(b) allow notice to be given in a different form, or orally; or

Waiving the requirement to give a notice of hearsay evidence

34.8

A party entitled to receive a notice of hearsay evidence may waive his entitlement by so informing the court and the party who would have given the notice.

Footnotes

1. 2003 c. 44

2. Criminal Justice Act 2003 c. 44.

3. 1996 c. 25; section 3 is amended the Regulation of Investigatory Powers Act 2000 (c.23), Schedule 4, paragraph 7(1). It is further amended by the Criminal Justice Act 2003 (c.44), section 32 and Schedule 36, Part 3, paragraphs 20 and 21, with effect from a date to be appointed.

4. 1987 c. 38; section 4 was amended by the Criminal Justice Act 1988 (c.33), section 144(1) and (2), the Legal Aid Act 1988 (c.34), Schedule 5, paragraph 22, the Criminal Justice and Public Order Act 1994 (c.33), Schedule 9, paragraph 29, the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 65 and the Access to Justice Act 1999 (c.22), Schedule 4, paragraphs 38 and 39. Section 4 is repealed by the Criminal Justice Act 2003 (c.44), section 41 and Schedule 3, Part 2, paragraph 58(1), (2) and Schedule 37, Part 4, with effect from a date to be appointed.

5. 1991 c. 53; section 53 was amended by the Criminal Justice and Public Order Act 1994 (c.33), Schedule 9, paragraph 49, the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 93 and the Access to Justice Act 1999 (c.22), Schedule 4, paragraph 47. Section 53 is repealed by the Criminal Justice Act 2003 (c.44), Schedule 37, Part 4, with effect from a date to be appointed.

6. 1998 c. 37; section 51 is substituted, together with new sections 51A to 51E, by the Criminal Justice Act 2003 (c.44), Schedule 3, Part 1, paragraphs 14 and 18, with effect from a date to be appointed. Paragraph 1 of Schedule 3 was amended by the Access to Justice Act 1999 (c.22), section 67(1) and Schedule 15, Part 3; it is further amended by the Criminal Justice Act 2003 (c.44), Schedule 3, Part 1, paragraphs 14, 20(1) and (2), with effect from a date to be appointed.

Criminal Procedure Rules