Dismissing a Witness's Statement: Understanding the Criminal Justice Act 2003

The law on hearsay is a crucial aspect of criminal proceedings in the UK, and it is governed by the Criminal Justice Act 2003 (CJA). The CJA sets out specific rules for determining what constitutes hearsay evidence and when it can be admitted or excluded from court. In this article, we will explore the key provisions of the CJA that relate to dismissing a witness's statement.

Under the CJA, hearsay evidence is defined as any statement made by someone other than the witness giving evidence, which is used to prove the truth of the matter stated (section 115). This can include statements made by people who are not present in court, such as those made by a deceased person or someone who is unable to testify.

One of the key ways in which hearsay evidence can be dismissed is through the exercise of discretion by the court. Under section 126 of the CJA, the court has a general discretion to exclude hearsay evidence if it considers that its admission would have an adverse effect on the fairness or safety of the trial.

In exercising this discretion, the court will consider various factors, including the credibility and reliability of the maker of the statement, as well as the capability of the maker to make the statement (sections 123-124). The court may also take into account whether there are any alternative means of proving the truth of the matter stated (section 125).

In addition to exercising its discretion, the court can also dismiss a witness's statement if it is deemed unconvincing or unreliable. Under section 125 of the CJA, the court has the power to stop the trial if it considers that the evidence presented is not sufficient to support a conviction.

There are also specific statutory exceptions to the rule against hearsay, which can allow certain types of hearsay evidence to be admitted into court. For example, under section 114(1)(a), hearsay evidence may be admissible if it is made admissible by statute or by any other legal provision.

In conclusion, dismissing a witness's statement in criminal proceedings requires a detailed understanding of the law on hearsay and the provisions of the Criminal Justice Act 2003. By considering the various factors that can affect the admissibility of hearsay evidence, including credibility, reliability, and capability, as well as exercising its discretion to exclude or admit such evidence, the court can ensure a fair and just trial.

Dismiss statement of witness