Criminal hearsay in England and Wales: pragmatism, comparativism, and human rights

The law of criminal hearsay in England and Wales has undergone substantial evolution in recent times. This article offers an analysis of these developments, undertaken against the background of a consideration of the reforms of hearsay doctrine that had taken place some years earlier in Canada. The relevant law in England and Wales appears highly regulated, being governed by detailed statutory provisions and subject further to an express “confrontation” guarantee contained in the European Convention on Human Rights. The Canadian law, by contrast, developed in a more piecemeal fashion and is not subject to any express “confrontation” guarantee. Comparisons of the law of criminal hearsay in England and Wales with that in Canada having largely been ignored in the academic literature,this article fills the gap and asks whether scholars and practitioners in each jurisdiction may gain valuable insights from the experiences of their counterparts across the Atlantic.