[...]... in civil proceedings but, as is explained below, in civil proceedings it has now been abolished.2 The move to abolish the rule in civil proceedings ran in parallel with a movement also to abolish it in criminal proceedings But after a prolonged public debate, and a Report from the Law Commission in 1997, the decision was taken to retain it in criminal proceedings, albeit with some changes in particular,... incident must be proved by some other means The classic definition comes from Sir Rupert Cross: ‘an assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact asserted’.1 1.2 This book is about the rule as it currently applies in criminal proceedings in England and Wales, and in Northern Ireland At one time, the rule also applied in. .. 1995 Criminal Justice Act 1988 Criminal Justice Act 2003 Criminal Law Revision Committee Criminal Procedure and Investigations Act 1996 Convention for the Protection of Human Rights and Fundamental Freedoms (or European Convention on Human Rights) PACE 1984 Police and Criminal Evidence Act 1984 PCMH Plea and case management hearing PNC Police National Computer StPO Strafprozeßordunung (German Criminal. .. .248 Crime (International Co-operation) Act 2003 Ch 2 15.15 s 7 7.7 Criminal Evidence Act 1898 s 1 312 Criminal Evidence Act 1965 1.19, 7.3, 7.6 s 2 .1.36 Criminal Evidence Act 1968 .12.36 Criminal Justice Act 1925 4.1–4.9 s 13 .2.53, 6.5–6.6 s 13(3) 6.4, 6.7 Criminal Justice Act 1948... exceptions The hearsay rule in its new form, together with the exceptions to it, are set out in Chapter 2 of Part 11 of Criminal Justice Act (CJA) 2003, on which most of the remaining chapters of this book are a commentary In these new provisions, the hearsay rule has acquired a statutory definition.3 Although less crisp than Cross’s definition quoted in the previous paragraph, its meaning is essentially... 1.49 International Covenant on Civil and Political Rights Art 14(3) 1.29 xxxiii (A) Spencer Prelims 1/5/08 15:42 Page xxxiv (B) Spencer Ch1 1/5/08 15:41 Page 1 1 INTRODUCTION 1.1 The ‘rule against hearsay is, traditionally, a prominent feature of the law of evidence as it has developed in the English-speaking world In essence, it provides that a fact may not be established by calling A,... .15.15 Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2004, SI 2004/1747 15.15 Criminal Justice Act 2003 (Commencement No 3 and Transitional and Saving Provisions) Order 2004, SI 2004/829 .1.93 Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, SI 2005/950 .1.93 Criminal Justice Act... x Criminal Justice Act 2003, Sections 114–141 229 Appendix II Criminal Procedure Rules, Part 34 247 Appendix III Judicial Studies Board Specimen Directions 253 Appendix IV Leading Cases 257 Index 331 (A) Spencer Prelims 1/5/08 15:42 Page xi ABBREVIATIONS ACPO CEA 1968 CEA 1995 CJA 1988 CJA 2003 CLRC CPIA 1996 ECHR Association of Chief Police Officers Civil Evidence Act 1968 Civil Evidence Act 1995 Criminal. .. (Commencement No 2 and Saving Provisions) Order 2004, SI 2004/81 1.93 Criminal Justice Act 2003 (Commencement No 19 and Transitional Provisions) Order 2007 SI 2007/3451 .15.17 Criminal Justice (Evidence etc) (Northern Ireland) Order 1988, SI 1988/1847 art 3(3)(b) 6.31 xxx (A) Spencer Prelims 1/5/08 15:42 Page xxxi Table of Legislation Criminal Justice (Evidence) (Northern Ireland)... 245 art 41 245–246 art 43 246 Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Commencement No 2) Order 2005, SI 2004/242 .1.94 Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2005, SI 2005/985 paras 5.4 and 5.5 15.9 paras 5.7 to 5.10 15.10 Criminal Procedure Rules 2005, SI 2005/384 5.12, 15.19 Pt 34 . alt="" HEARSAY EVIDENCE IN CRIMINAL PROCEEDINGS The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, . leading cases. Volume 5 in the Criminal Law Library series (A) Spencer Prelims 1/5/08 15:42 Page i Criminal Law Library Volume 1: Self-Defence in Criminal