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Hearsay and Bad Character 2020 Update

Speaker: Stefan Bisson
Chambers: Great James Street Chambers

R v. Twist – 3 Stage Approach
S. 114(1)(a) The CJA 2003 Act or any other statutory provision makes it admissible
CJA 2003 Statutory Gateways to Admissibility:-
s116 – unavailable witness
s117 – business documents
s119 – previous inconsistent statement
120 – previous consistent statement
Other – hidden statutory exceptions

Hearsay is inadmissible except in the following exceptions:
1. If there is a statutory provision
2. If there’s a common law rule under s118
3. By agreement of all parties
4. The court is satisfied it is in the interests of justice

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You can contact Stefan Bisson via his clerks on