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Cross & Tapper on Evidence

Cross & Tapper on Evidence (13th edn)

Roderick Munday
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date: 01 December 2023

p. 611XIV. Hearsay in criminal proceedingslocked

p. 611XIV. Hearsay in criminal proceedingslocked

  • Roderick MundayRoderick MundayReader Emeritus in Law, University of Cambridge, Fellow Emeritus of Peterhouse, Cambridge, Bencher of Lincoln’s Inn


This chapter considers hearsay in light of the Criminal Justice Act 2003. It first discusses the relevant provisions of the act before turning to the rules relating to confessions. Along with confessions, the chapter also takes a look at the evidential value of inferences from the accused's silence. In relation to both, the chapter considers the Codes of Practice relating to different aspects of police investigation, which often form a component in the exercise of the judge's discretion to exclude evidence. In addition, the chapter examines the reforms made to the law of hearsay, including the basic policy of the reform, the general exception, special exceptions for business documents and previous statements of witnesses, the impact of discretion, and provisions relating to the authenticity and weight of hearsay.

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