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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