(1)In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if—
(a)the statement was made otherwise than in oral evidence in the proceedings, and
(b)the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence.
(2)Nothing in this Chapter prejudices—
(a)any power of a court to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evidence), or
(b)any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise).
Cases considering section 126 36
[2009] UKSC 14 · 9 December 2009Limits
The provision preserves the judge's power to exclude prosecution evidence prejudicing trial fairness and additionally requires exclusion where satellite disputes would waste disproportionate time (see para [36]).
[2026] EWCA Crim 903 · 15 July 2026
The court applied section 126 and held that exclusion was not required because the defence could challenge reliability and the trial remained fair. (see paras [29]-[30]; [46]-[47]; [54])
The court confirmed, through the cited statutory analysis, that section 126(2) preserves the power to exclude evidence under section 78. (see para [25])
[2025] EWCA Crim 1376 · 3 October 2025
Applies section 126 and holds that the admitted hearsay should not be excluded on that basis. The trial remained fair when considered with the appropriate directions and the other evidence. (see paras [45]-[46]; [52])
16 more judgments, and what each says about section 126, are in the
case-law panel in the full Act.
424.This section provides a further discretion to exclude superfluous out of court statements if the court is satisfied that the value of the evidence is substantially outweighed by the undue waste of time which its admission would cause. Subsection (2) preserves both the existing common law power for the court to exclude evidence where its prejudicial effect is out of proportion to its probative value and the discretion contained in section 78 of the Police and Criminal Evidence Act 1984 in relation to the admission of unfair evidence.