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Evidence and Procedure

Hearsay Practice Questions

Free NPPF Step 2 Hearsay questions with full answers, for Sergeant and Inspector candidates.

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About this topic

Hearsay questions test the gateways for admitting statements made out of court under the Criminal Justice Act 2003, including unavailable witnesses, business documents and the interests of justice.

Know the conditions for each gateway and the court's power to stop a case where hearsay evidence is unconvincing.

Key legislation and cases

  • Criminal Justice Act 2003, ss.114-126

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

During a fraud trial, the prosecution applies to adduce a printout of bank records showing transfers from the defendant's account. The records were generated automatically by the bank's computer systems. The defence objects that the records are hearsay and that the person who created the records cannot be identified or called. Which of the following correctly states the position under s.117 CJA 2003?

  1. AThe records are inadmissible hearsay - s.117 only applies to documents created by identified individuals and computer-generated records where no individual author can be identified do not fall within the section.
  2. BThe records are admissible under s.117 as business documents - but only if the prosecution can identify each person in the chain who supplied the information contained in the document.
  3. CThe records are admissible under s.117 as business documents provided the document was created in the course of a trade or business, the information was supplied by a person with personal knowledge, and the document was created by a person acting under a duty - all three conditions must be satisfied for every person in the chain.
  4. DThe records are admissible under s.117 as business documents provided the document was created in the course of a trade or business and the information was supplied by a person with personal knowledge - but where the information was generated automatically by a computer without any human input, it may not be hearsay at all.
Show answer and explanation
Answer: D

Under s.117 CJA 2003, a hearsay statement in a document is admissible where: (1) oral evidence would be admissible; (2) the document was created in the course of a trade or business; and (3) the information was supplied by a person with personal knowledge. However, computer-generated records where no human supplied the information may not be hearsay at all - since hearsay requires a human statement made out of court. If generated entirely automatically, the document is real evidence, admissible without the s.117 gateway.

s.117 Criminal Justice Act 2003; R v Spiby (1990)
s.117(1): "In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if... (b) the document was created or received in the course of a trade, business, profession or other occupation... (c) the person who supplied the information... had or may reasonably be supposed to have had personal knowledge of the matters dealt with."
  • A: s.117 is not limited to identified individual authors. Additionally, automatically generated computer records may be real evidence rather than hearsay.
  • B: s.117 does not require identification of every person in the chain. Where no human supplied the information, different rules apply.
  • C: Option C accurately describes s.117 conditions but overstates them for automatically generated records. Where no human supplied the information, the document may be real evidence bypassing s.117 entirely.
Worked question 2 of 2Standard

A defendant, Nash, is on trial for robbery. The prosecution case depends almost entirely on a hearsay statement from a witness, Ford, who is unavailable. Nash's defence barrister submits at the end of the prosecution case that the judge should stop the case under s.125 of the Criminal Justice Act 2003. Which of the following most accurately states the legal position under s.125?

  1. AThe judge must stop the case under s.125 if the prosecution case is based wholly or partly on hearsay - the presence of any hearsay triggers the stopping power.
  2. BThe judge may stop the case under s.125 if the case against the defendant is based wholly or partly on hearsay evidence and the evidence is so unconvincing that, considering its importance to the case, a conviction would be unsafe.
  3. CThe judge must stop the case under s.125 only if the prosecution case is based entirely on hearsay with no direct evidence whatsoever - a single piece of direct evidence prevents exercise of the power.
  4. DThe judge may stop the case under s.125 at any stage of the proceedings where hearsay evidence has been admitted - it is not limited to the end of the prosecution case.
Show answer and explanation
Answer: B

Section 125 CJA 2003 gives the judge power to stop a case if satisfied that the case against the defendant is based wholly or partly on a hearsay statement and the evidence is so unconvincing that, considering its importance to the case, a conviction would be unsafe. The power is discretionary - the judge assesses the quality and importance of the hearsay evidence. It applies where the case is based wholly or partly on hearsay. The court exercises the power after the close of the prosecution evidence.

s.125 Criminal Justice Act 2003
s.125(1) CJA 2003: If the court is satisfied at any time after the close of the case for the prosecution that the case against the defendant is based wholly or partly on a hearsay statement and the evidence provided by the statement is so unconvincing that, considering its importance to the case against the defendant, his conviction of the offence would be unsafe, the court must either direct the jury to acquit the defendant or, if it considers that the interests of justice so require, discharge the jury.
  • A: The presence of hearsay alone does not trigger the stopping power. The hearsay must be so unconvincing that a conviction would be unsafe. Section 125 requires a qualitative assessment, not a mechanical trigger.
  • C: Section 125 applies where the case is based wholly or partly on hearsay - it is not limited to cases with no direct evidence at all. The presence of some direct evidence does not prevent exercise of the power.
  • D: Section 125 is exercisable after the close of the prosecution case - it is not available at any stage before that point. The judge must have heard the prosecution evidence before assessing whether a conviction would be unsafe.

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