Criminal Justice Act 2003, section 117

Business and other documents

Part 11 Evidence

(1)In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if—

(a)oral evidence given in the proceedings would be admissible as evidence of that matter,

(b)the requirements of subsection (2) are satisfied, and

(c)the requirements of subsection (5) are satisfied, in a case where subsection (4) requires them to be.

(2)The requirements of this subsection are satisfied if—

(a)the document or the part containing the statement was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office,

(b)the person who supplied the information contained in the statement (the relevant person) had or may reasonably be supposed to have had personal knowledge of the matters dealt with, and

(c)each person (if any) through whom the information was supplied from the relevant person to the person mentioned in paragraph (a) received the information in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office.

(3)The persons mentioned in paragraphs (a) and (b) of subsection (2) may be the same person.

(4)The additional requirements of subsection (5) must be satisfied if the statement—

(a)was prepared for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, but

[F142 (b)was not obtained pursuant to—

(i)a request under section 7 of the Crime (International Co-operation) Act 2003,

(ii)an order under paragraph 6 of Schedule 13 to the Criminal Justice Act 1988,F143...

(iii)F144..., [F145 or

(iv)an overseas production order under the Crime (Overseas Production Orders) Act 2019,F145]

(all of which relate to overseas evidence)F142]

(5)The requirements of this subsection are satisfied if—

(a)any of the five conditions mentioned in section 116(2) is satisfied (absence of relevant person etc), or

(b)the relevant person cannot reasonably be expected to have any recollection of the matters dealt with in the statement (having regard to the length of time since he supplied the information and all other circumstances).

(6)A statement is not admissible under this section if the court makes a direction to that effect under subsection (7).

(7)The court may make a direction under this subsection if satisfied that the statement’s reliability as evidence for the purpose for which it is tendered is doubtful in view of—

(a)its contents,

(b)the source of the information contained in it,

(c)the way in which or the circumstances in which the information was supplied or received, or

(d)the way in which or the circumstances in which the document concerned was created or received.

Definitions used in section 117 4

criminal proceedings

“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

Defined in s.134(1) · see it in the full Act
document

“document” means anything in which information of any description is recorded;

Defined in s.134(1) · see it in the full Act
oral evidence

“oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;

Defined in s.134(1) · see it in the full Act
the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 117 43

R v Horncastle and others (on appeal from the Court of Appeal Criminal Division)

[2009] UKSC 14 · 9 December 2009Limits

Business records may be admitted because they are ordinarily reliable, but the provision imposes personal-knowledge, business-course and reliability conditions and favours first-hand evidence where available (see para [35]).

Arion Kurtaj v R

[2025] EWCA Crim 1163 · 11 September 2025

The court held that the chatroom material, though hearsay, was admissible as business-record evidence under section 117 on the reasons given by the trial judge. (see paras [32]; [63])

Elijah Clive Stokes & Ors v R

[2025] EWCA Crim 51 · 27 January 2025Limits

The court applied section 117 to the Dubai spreadsheets as hearsay evidence and upheld the judge’s conclusion that the statutory admissibility criteria were satisfied. (see paras [100]; [102]) The court held that the reliability of the statements in the spreadsheets was not doubtful so as to require exclusion under section 117(7). The judge’s assessment was unimpeachable. (see para [100])

23 more judgments, and what each says about section 117, are in the case-law panel in the full Act.

Explanatory note

408.This Section provides for the admissibility of statements in documentary records provided certain conditions are met. These conditions are (subsection (2)):

  • the document was created or received by a person in the course of a trade, business, profession or as the holder of a paid or unpaid office; and

  • the person who supplied the information in the statement had or may reasonably be supposed to have had personal knowledge of the matters dealt with in the statement; and

  • each person through whom the information was supplied received the information in the course of a trade, business, profession or other occupation or as the holder of a paid or unpaid office.

409.Subsection (2) therefore reflects the current position relating to business and other documents in section 24 (1)(c)(ii) and section 24(2) of the Criminal Justice Act 1988, which is being repealed. However, in the case of documents prepared for the purpose of criminal investigations or proceedings, the statement will only be admissible if the supplier of the information is unavailable or cannot reasonably be expected to recall any of the matters dealt with in the statement.

410.Even if a statement in a documentary record meets the conditions as set out in this Section, the evidence will not be allowed if it is considered unreliable. Subsections (6) and (7) permit the court to direct that the statement shall not be admissible where there is reason to doubt its reliability on the basis of its contents, source of information, mode of supply and circumstances of creation or reception.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F142S. 117(4)(b) substituted (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), reg. 1(1), Sch. 3 para. 8 (with reg. 3)
  2. F143Word in s. 117(4)(b)(ii) omitted (9.10.2019) by Crime (Overseas Production Orders) Act 2019 (c. 5), ss. 10(3)(a), 20(1); S.I. 2019/1318, reg. 2(2)(j)(3)
  3. F144Words in s. 117(4)(b)(iii) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 80 (with reg. 83); 2020 c. 1, Sch. 5 para. 1(1)
  4. F145S. 117(4)(b)(iv) and preceding word inserted (9.10.2019) by Crime (Overseas Production Orders) Act 2019 (c. 5), ss. 10(3)(b), 20(1); S.I. 2019/1318, reg. 2(2)(j)(3)

Commencement

  1. I72S. 117 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)