ÀÏ˾»úÎçÒ¹¸£Àû

View the related practice notes about Res gestae

Admissibility of hearsay in criminal proceedings—preserved common law exceptions

Preserved categories of admissibilityThe law on hearsay is set out in the Criminal Justice Act 2003 (CJA 2003). See further Practice Note: Admissibility of hearsay evidence in criminal proceedings.Several common law exceptions to the rule against hearsay, however, are expressly preserved by CJA 2003, s 118.The common law exceptions are•public information•reputation as to character•reputation and family tradition•res gestae•confessions•admissions by agents•common enterprise•expert evidenceNotice to introduce hearsay evidence admissible under one of the common law exceptions is not required under Part 20 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR).Public informationUnder CJA 2003, 'public information', is defined as:•published works dealing with matters of a public nature, eg histories, scientific works, dictionaries and maps•public documents, eg public registers•records, eg records of certain courts, treaties, Crown grants, pardons and commissions•evidence relating to a person's age or date or place of birthPublic documentsIn Sturla v Freccia, it was held that a public document is a document that is made by a public officer for the purpose of the public making use of it and...

Admissibility of hearsay in criminal proceedings—preserved common law exceptions

Admissibility of hearsay in criminal proceedings—preserved common law exceptions Preserved categories of admissibility The law on hearsay is set out in the Criminal Justice Act 2003 (CJA 2003). See further Practice Note: Admissibility of hearsay evidence in criminal proceedings. Several common law exceptions to the rule against hearsay, however, are expressly preserved by CJA 2003, s 118. The common law exceptions are • public information • reputation as to character • reputation and family tradition • res gestae • confessions • admissions by agents • common enterprise • expert evidence Notice to introduce hearsay evidence admissible under one of the common law exceptions is not required under Part 20 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). Public information Under CJA 2003, 'public information', is defined as: • published works dealing with matters of a public nature, eg histories, scientific works, dictionaries and maps • public documents, eg public registers • records, eg records of certain courts, treaties, Crown grants, pardons and commissions • evidence relating to...

View the related News about Res gestae

Recusal with 'extreme reluctance' for High Court judge (Otkritie & Ors v Urumov & Ors)

DR analysis: In a recent judgment, Mr Justice Eder recused himself from hearing an application for permission to pursue committal proceedings against the first defendant (Mr Urumov) as well as from involvement in any actual committal proceedings. Although the judge was prepared to reject the defendant's submissions in favour of recusal based on allegations of ‘apparent’ bias, he reached the conclusion, ‘with extreme reluctance’, that it was appropriate for him to recuse himself on the basis that some of the defendant’s submissions were tantamount to allegations of ‘actual’ bias. In this article, we discuss the court’s judgment, including how the recent decision of Andrew Smith J in Dar Al Arkan Real Estate & Anor v Al Refai & Ors was distinguished on the facts.

View the latest UK Parliament Acts documents on Res gestae

118 Preservation of certain common law categories of admissibility

(1)     The following rules of law are preserved.Public information etc1 Any rule of law under which in criminal proceedings—(a) published works dealing with matters of a public nature (such as histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them,(b) public documents (such as public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them,