Discretion To Admit Hearsay

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Definition: Discretion To Admit Hearsay




Full Definition of Discretion To Admit Hearsay


Until recently the criminal courts have had very little discretion to admit Hearsay evidence. If the evidence is not of a meta that is expressly allowed by one of the common law or statutory exceptions to the rule excluding hearsay, it is inadmissible. Of course, the courts have always asserted a right to exclude hearsay evidence that is technically admissible.

When the CJA_2003 comes into force (and it probably will have done so by the time you read this), s.114(1)(d) will give the courts a broad discretion to include hearsay evidence that would otherwise be inadmissible. s.114(2) sets out the factors the court should use in deciding whether to exercise this discretion. These factors are largely common sense. They include

  1. the probative value of the evidence;
  2. whether other evidence, perhaps more robust, is available to prove the same issue;
  3. the circumstances in which the evidence was obtained and the reliability of the source;
  4. the extent to which the evidence can be challenged, and how prejudicial it will be to the defendant if it cannot be.

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Discretion To Admit Hearsay. PayrollHeaven.com. Payroll & Accounting Heaven Ltd. https://payrollheaven.com/define/discretion-to-admit-hearsay/ (accessed: September 18, 2021).
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Discretion To Admit Hearsay. PayrollHeaven.com. Retrieved September 18, 2021, from PayrollHeaven.com website: https://payrollheaven.com/define/discretion-to-admit-hearsay/

Definition Sources


Definitions for Discretion To Admit Hearsay are sourced/syndicated and enhanced from:

  • A Dictionary of Economics (Oxford Quick Reference)
  • Oxford Dictionary Of Accounting
  • Oxford Dictionary Of Business & Management

This glossary post was last updated: 5th April, 2020 | 0 Views.