Hearsay evidence

A written or oral statement made otherwise than by a witness giving their own first-hand evidence in proceedings, which is tendered as evidence of the matters stated and which is relied on in court to prove the truth of the matters stated.

In civil proceedings, hearsay evidence is defined in section 1(2) of the Civil Evidence Act 1995 and CPR 33.1.

In criminal proceedings, hearsay evidence will only be admissible if it falls within one of the permitted categories set out in section 114 of the Criminal Justice Act 2003, namely a statutory or a preserved common law exception or where all parties to the proceedings agree to it being admissible or the court is satisfied that it is in the interests of justice for it to be admissible.

For further guidance on hearsay evidence in the context of civil proceedings, see Practice note, Hearsay evidence in civil litigation and Standard document, Hearsay evidence: notice (with drafting notes)

For further guidance on hearsay evidence in the context of criminal proceedings, see Practice note, Hearsay evidence.