Y, R v

Y, R v

Section 114(1)(d) Criminal Justice Act 2003 is available in law for all types of hearsay, including statements contained in confessions by non-defendants, and is not excluded by s 118(1), paragraph 5; interlocutory appeal under s 58 is available for evidentiary rulings if the Crown gives the required undertaking.

Parties
Appellant: The Queen; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
25 January 2008
Procedural Posture
Criminal Appeal / Interlocutory Appeal on Admissibility of Hearsay Evidence
Outcome
appeal allowed
Legal Topics
Hearsay, Confessions, Admissibility of Evidence, Interlocutory Appeals
Criminal Law Evidence Law Hearsay Confessions Admissibility of Evidence Interlocutory Appeals

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Parties

The Queen

Appellant

Y

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Appeal on Admissibility of Hearsay Evidence

Legal Issues

  1. 1 Whether an interlocutory appeal under s 58 Criminal Justice Act 2003 lies against a ruling on admissibility of evidence
  2. 2 Whether s 114(1)(d) Criminal Justice Act 2003 permits admission of hearsay evidence contained in a confession by a non-defendant, or is excluded by s 118(1), paragraph 5

Ratio Decidendi

Section 114(1)(d) Criminal Justice Act 2003 is available in law for all types of hearsay, including statements contained in confessions by non-defendants, and is not excluded by s 118(1), paragraph 5; interlocutory appeal under s 58 is available for evidentiary rulings if the Crown gives the required undertaking.

Court Disposition

appeal allowed

Orders

  • The ruling of the Judge is reversed; the Crown may make its application under s 114(1)(d).
  • The merits of the application are for the trial Judge to determine.