A Political Judgment? Reconciling Hearsay and the Right to Challenge

Abstract

The hearsay provisions in the Criminal Justice Bill 2002 attracted considerable political opposition, often based upon a belief that the provisions unacceptably interfered with a defendant's right to challenge. The government's counter position has to be understood as advancing its policy goals, continuing the politicisation of criminal justice. This article examines the approach of the courts to the issue of whether a conviction can be based primarily on hearsay evidence in R v Horncastle, evaluating the relationship between the arguments advanced in Parliament and by the courts. It is argued that there are significant overlaps between the two, an understanding of the political context being essential to a full appreciation of the legal judgments.