Rule 6NH Procedure for the admission of hearsay evidence

This Rule shall apply where a party to an appeal arising out of criminal proceedings in a magistrates’ court wishes to adduce evidence on one or more of the grounds set out in Article 18(1)(a) to (d) of the 2004 Order and in this Rule, such evidence is referred to as “hearsay evidence”.

A party who wishes to adduce hearsay evidence shall give notice in Form 137R.

Notice under paragraph (2) shall be served on the chief clerk F1... and on every other party to the appeal within 14 days from the date of the service of notice of appeal from the decision of a magistrates’ court.

Any party who wishes to oppose the admission of hearsay evidence under paragraph (2) shall, within 14 days from the date on which notice was served on him, notify the chief clerk and every other party to the appeal, in Form 137S, of his opposition.

A party who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.

Without prejudice to the generality of Order 43 Rule 10, the court may, if it considers that it is in the interests of justice to do so,—