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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

1. •

   public information

2. •

   reputation as to character

3. •

   reputation and family tradition

4. •

   Res gestae

5. •

   Confessions

6. •

   admissions by agents

7. •

   common enterprise

8. •

   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:

1. •

   published works dealing with matters of a public nature, eg histories, scientific works, dictionaries and maps

2. •

   public documents, eg public registers

3. •

   records, eg records of certain courts, treaties, Crown grants, pardons and commissions

4. •

   evidence relating to a person's age or date or place of birth