This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what hearsay evidence is, how it is defined and treated under English law, when it can be admitted in criminal and civil cases in England and Wales, the statutory frameworks that govern it, and practical considerations for litigants and solicitors.
Hearsay evidence is a common legal concept in the justice system of England and Wales that concerns how certain statements made outside of court are treated in legal proceedings. At its core, hearsay involves information that comes from someone other than the witness giving evidence in court, where that witness did not personally observe the event in question and instead relates what another person said. Because the original maker of the statement is not present to be questioned under oath, hearsay evidence is generally treated with caution in both criminal and civil cases.
Introduction – What Makes Evidence “Hearsay”?
In legal proceedings, evidence presented to a judge or jury must meet strict rules of admissibility. Hearsay refers to an out‑of‑court statement offered to prove the truth of its content - in other words, to show that what the statement says is actually true. If the evidence is intended merely to show that a statement was made, rather than that it is true, it may not be considered hearsay.
For example, if a witness testifies that “Tom told me he saw the defendant at the scene”, and that testimony is being used to prove the defendant's presence, this would normally be treated as hearsay because the witness is relaying what Tom said, not their own personal knowledge.
Hearsay in Criminal Proceedings
The General Rule
Under the Criminal Justice Act 2003 (CJA 2003), hearsay is defined as a “statement not made in oral evidence in the proceedings” that is relied upon to prove any fact contained in that statement.
As a general rule, hearsay evidence is inadmissible in criminal trials because the maker of the original statement is not present in court to be tested, questioned, or cross‑examined. This safeguards the fairness and reliability of the trial process.
However, the CJA 2003 provides certain ** statutory gateways and exceptions** under which hearsay evidence can be admitted if specific conditions are met or if the court considers it necessary in the interests of justice. These include:
- Unavailable witnesses - where a witness is dead, too ill to give evidence, outside the United Kingdom reasonably and practicably unavailable, cannot be found, or is afraid to testify.
- Business and official documents - statements contained in properly kept records may be admissible.
- Previous consistent or inconsistent statements - where a witness's earlier statement can clarify or contest their evidence.
- Interests of justice - where the court exercises discretion to admit hearsay because it would be fair to do so.
When hearsay is relied upon, the party wishing to use it must notify the court and other parties, and the judge has broad discretion to decide whether to admit or exclude it.
Why the Restriction Exists
The rationale behind limiting hearsay evidence primarily relates to fairness and reliability. If the original speaker is not present in court, the opposing party cannot challenge their memory, perception, or honesty through cross‑examination - a key safeguard in ensuring just outcomes in criminal trials.
Hearsay in Civil Proceedings
In civil cases (such as personal injury claims, contract disputes, or housing tribunal hearings), hearsay evidence plays a slightly different role. While it is still considered less reliable than direct evidence, courts in England and Wales may admit hearsay under broader circumstances.
Under the Civil Evidence Act 1995 and the Civil Procedure Rules (CPR Part 33), parties must notify the court and other parties if they intend to rely on hearsay evidence, and judges will assess how much weight to give it alongside other evidence.
Civil courts generally allow hearsay evidence because cases often involve disputes where direct eyewitness testimony may not be available. However, the court will carefully consider its reliability, necessity, and the potential for prejudice when deciding how much influence that evidence should carry in reaching a judgment.
Common Situations Where Hearsay Arises
Hearsay evidence can occur in many legal scenarios, including:
- Written statements or letters from witnesses who cannot attend court.
- Recorded conversations where one person describes what another said about a key fact.
- Business records outlining events or transactions that are relied on to establish factual matters.
- Victim or witness complaints documented by police or officials where the complainant cannot testify.
In criminal trials, these statements may only be admitted under specific statutory conditions or judicial discretion. In civil proceedings, judges are more flexible but consider the weight and fairness implications carefully.
Practical Considerations
For Legal Practitioners and Litigants
- Notice Requirements: Both criminal and civil procedures often require parties to give notice before introducing hearsay evidence. Failure to do so may lead to exclusion or procedural delay.
- Fairness and Cross‑Examination: One of the core concerns with hearsay is the inability to test the original speaker through cross‑examination, which can affect case strategy.
- Assessing Weight: Even when admitted, hearsay may carry less weight than direct evidence. Judges and juries will take into account factors such as reliability, consistency, and the circumstances under which the statement was made.
Potential Risks
- Unreliability: Hearsay may reflect second‑hand information that could be inaccurate or misunderstood.
- Exclusion: Evidence that does not meet statutory exceptions or is not justified as in the interests of justice may be excluded, potentially affecting the outcome of a case.
- Impact on Verdicts: Overreliance on hearsay without supporting direct testimony can weaken a party's case and make it more difficult to secure a conviction or favourable judgment.
Key Takeaways
Hearsay evidence involves statements made outside of court that are introduced to prove what was said is true. In criminal cases under the Criminal Justice Act 2003, hearsay is generally inadmissible unless it falls within statutory exceptions or the court deems it in the interests of justice after proper notice and evaluation. In civil proceedings, hearsay may be admitted more readily but judges carefully weigh its reliability and relevance. Because hearsay cannot be tested by cross‑examination of the original speaker, courts treat it with caution to preserve fairness and accuracy in legal outcomes.
