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Hearsay

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This prosecution guidance outlines the admissibility of hearsay evidence in criminal proceedings under the Criminal Justice Act 2003. It details the definitions of hearsay, exceptions to the hearsay rule, and the circumstances under which hearsay may be admissible. It also discusses procedures for introducing hearsay evidence and the related court powers to exclude such evidence to ensure fairness in trials.

Key points

  • Hearsay is generally inadmissible in criminal proceedings unless exceptions apply.
  • The CJA 2003 establishes specific statutory exceptions for admissibility.
  • Written notice is required for introducing hearsay evidence in certain circumstances.
  • The court has the discretion to exclude hearsay evidence if it serves to waste time.
  • Prosecutors must consider hearsay at every stage of the case preparation.

Public-interest factors

  • Ensuring fair trial rights for defendants
  • Balancing the need for relevant evidence in court
  • Facilitating the gathering of important evidence
Hearsay in Criminal Evidence
Read the full guidance on cps.gov.uk
Last reviewed: 10 September 2021 · Next review due: 10 March 2022

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.