Hearsay Evidence in United Kingdom

Definition of Hearsay Evidence

In accordance with the work A Dictionary of Law, this is a description of Hearsay Evidence : Evidence of the statements of a person other than the witness who is testifying and statements in documents offered to prove the truth of what was asserted. In general, hearsay evidence is inadmissible (the rule against hearsay) but this principle is subject to numerous exceptions. In civil cases, the Civil Evidence Act 1995 abolished the rule against hearsay. The 1995 Act provides that what in civil litigation would formerly have been called “hearsay evidence” may be used when a notice of the intention to reply on that evidence is given. It is for the court to decide at trial what weight to put on any particular evidence, whether it is hearsay or not. At common law, there are numerous exceptions applicable to both civil and criminal cases, e.g. *declarations of deceased persons, evidence given in former trials, *depositions, *admissions, and *confessions. Some exceptions apply only to criminal cases, e.g. *dying declarations and statements admitted under the Criminal Justice Act 1988 (which makes most first-hand hearsay and certain business documents admissible).

See also admissibility of records; original evidence.