Criminal Justice Act 2003, section 124

Credibility

Part 11 Evidence

(1)This section applies if in criminal proceedings—

(a)a statement not made in oral evidence in the proceedings is admitted as evidence of a matter stated, and

(b)the maker of the statement does not give oral evidence in connection with the subject matter of the statement.

(2)In such a case—

(a)any evidence which (if he had given such evidence) would have been admissible as relevant to his credibility as a witness is so admissible in the proceedings;

(b)evidence may with the court’s leave be given of any matter which (if he had given such evidence) could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party;

(c)evidence tending to prove that he made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that he contradicted himself.

(3)If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation.

(4)In the case of a statement in a document which is admitted as evidence under section 117 each person who, in order for the statement to be admissible, must have supplied or received the information concerned or created or received the document or part concerned is to be treated as the maker of the statement for the purposes of subsections (1) to (3) above.

Definitions used in section 124 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
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
document

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

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

Cases considering section 124 28

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

[2009] UKSC 14 · 9 December 2009

The provision allows material challenging an absent witness's credibility, including some material which could otherwise only have been put in cross-examination. It counterbalances the absence of personal cross-examination (see para [36]).

R v Courtney McLeary & Anor

[2026] EWCA Crim 903 · 15 July 2026Interprets

The court interpreted section 124 as permitting material relevant to the maker’s credibility, including previous inconsistent statements, so the jury could assess reliability. Such material did not automatically bar admission. (see paras [20]; [26]; [39]-[41]) The court treated subsection (2) as preserving the admissibility of evidence relevant to credibility that would have been admissible had the maker testified in person. (see paras [20]; [26]) The court applied section 124(2)(c) to admit the earlier inconsistent account so the jury could assess the later statement; inconsistency alone did not require exclusion. (see paras [39]-[41]) The court treated subsection (3) as allowing, with leave, evidence of credibility matters that could have been put in cross-examination, supporting jury assessment of the hearsay. (see paras [20]; [26])

R v Karl Joseph Huzcavitch

[2026] EWCA Crim 709 · 22 May 2026

The court treated section 124 as permitting undermining evidence and inconsistent material to be used to test hearsay. Such material did not automatically require exclusion, and the hearsay was properly admitted. (see paras [16], [19]-[23])

8 more judgments, and what each says about section 124, are in the case-law panel in the full Act.

Explanatory note

421.This section makes provision for challenges to the credibility of the maker of a hearsay statement who does not give oral evidence in person in the proceedings. If such hearsay statement is admitted as evidence of a matter stated section 124 provides certain rights for the person against whom hearsay evidence has been admitted to produce, in specified circumstances, evidence to discredit the maker of the statement or to show that he has contradicted himself. Section 124 thus provides a replacement for the corresponding provisions in section 28(2) and paragraph 1 of Schedule 2 to the CJA 1988.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I79S. 124 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)