Subjects:

Evidence

Contents:

Preface

Abbreviations

Table of Cases

Table of Legislation

Table of Treaties

1 Introduction

2 Hearsay and the European Convention of Human Rights

3 The Scope of the Reform, the Shape of the New Exclusionary Rule and the New Scheme of Exceptions

4 Hearsay Admitted by Agreement

5 The ‘

Inclusionary Discretion’

and the General Discretion to Exclude

6 Statements of Witnesses who are Unavailable (CJA 2003, Section 116)

7 Documentary Hearsay (CJA 2003, Section 117)

8 Other Statutory Exceptions

9 Preserved Common Law Exceptions (CJA 2003, Section 118)

10 Confessions (and Other Extra-Judicial Statements by Defendants)

11 Multiple Hearsay

12 The Rule Against Narrative

13 Videotaped Evidence-in-Chief

14 Other Matters: Experts (CJA 2003, Section 127) and Proof of Documents (Section 133)

15 Practical Issues

Appendix I Criminal Justice Act 2003, Sections 114/141

Appendix II Criminal Procedure Rules, Part 34

Appendix III Judicial Studies Board Specimen Directions

Appendix IV Leading Cases

Index

Wildy's Book of the Month - June 2008

The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force a body of case-law has interpreted them and, in particular, given guidance as to how the new "inclusionary discretion" should be exercised.

Following the style of his earlier book about the new law on bad character evidence, the central part of Professor Spencer's book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.