Although admissibility is generally automatic, there is limited discretion under Section 117(7) given to the court to exclude evidence if satisfied that the statement's reliability is doubtful in view of: test involves consideration of normal steps taken to secure attendance of W, and cost is a relevant factor LaRocca R, Yost J, Dobbins M, Ciliska D, Butt M. The effectiveness of knowledge translation strategies used in public health: a systematic review. BMC Public Health. 2012;12:751. https://doi.org/10.1186/1471-2458-12-751. Either of the statements is admissible under section 117 (business documents), section 119 (inconsistent statements) or section 120 (other previous statements); or

Where the capability of the maker of the statement is challenged the issue must be resolved by hearing evidence (in the absence of a jury if there is one) and expert evidence is admissible. The burden of proof is on the party wishing to use the evidence and is on the balance of probabilities (section 123(4) CJA.) Credibility of the maker of the statement (S.124 CJA)In Al -Khawaja and Tahery v UK (judgment given 15.12.2011) the European Court of Human Rights, sitting as a Grand Chamber held that a conviction based solely or decisively on evidence adduced from an absent witness does not automatically amount to a breach of the Convention. However, such cases must be subject to "the most searching scrutiny." The question for the court is whether there are sufficient counterbalancing factors in place, including measures that permit a fair and proper assessment of the reliability of that evidence to take place. The safeguards contained in the Criminal Justice Act 2003, supported by those in section 78 of the Police and Criminal Evidence Act 1984 and the common law are in principle strong safeguards designed to ensure fairness. If trial courts apply these properly and have regard to this Grand Chamber judgment and the decision of the Supreme Court in Horncastle, trials will be fair. Consideration of hearsay may arise at various stages of the proceedings. Witnesses may become unavailable unexpectedly or a special measures application may be refused. Prosecutors should keep issues of hearsay under continual review and comply with the notice requirements wherever possible. Rules of court The court is satisfied that the value of the evidence in question, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose. The simplest type of counterbalanced measures design is used when there are two possible conditions, A and B. As with the standard repeated measures design, the researchers want to test every subject for both conditions. They divide the subjects into two groups and one group is treated with condition A, followed by condition B, and the other is tested with condition B followed by condition A.

Wilson MG, Grimshaw JM, Haynes RB, Hanna SE, Raina P, Gruen R, Ouimet M, Lavis JN. A process evaluation accompanying an attempted randomized controlled trial of an evidence service for health system policymakers. Health Res Policy Syst. 2015;13(1):78. Beynon P, Chapoy C, Gaarder M, Masset E. What difference does a policy brief make?: Institute of Development Studies and 3ie; 2012. Rutterford C, Copas A, Eldridge S. Methods for sample size determination in cluster randomized trials. Int J Epidemiol. 2015;44(3):1051–67. Admissions made by agents (such as a lawyer acting for the defendant) are preserved as admissible exceptions to the hearsay rule. In R (Firth) v Epping Justices [2011] 4 All ER 326, the court accepted that the rule covered admissions made by a lawyer in completing a case progression form. However, the judge should normally exercise their discretion under section 78 of PACE to exclude such evidence provided that the parties conducted the case within the letter and spirit of the Criminal Procedure Rules (CrimPR): R v Newell [2012] EWCA Crim 650. Common enterprise Brown CH, Curran G, Palinkas LA, Aarons GA, Wells KB, Jones L, Collins LM, Duan N, Mittman BS, Wallace A. An overview of research and evaluation designs for dissemination and implementation. Annu Rev Public Health. 2017;38:1–22.

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the person cannot be found although such steps as it is reasonably practicable to take to find them have been taken: Section 116(2)(d) Dobbins M, Hanna SE, Ciliska D, Manske S, Cameron R, Mercer SL, O’Mara L, DeCorby K, Robeson P. A randomized controlled trial evaluating the impact of knowledge translation and exchange strategies. Implement Sci. 2009;4(1):1–16. In addition to inconsistent statement, any previous statement made by a witness is admissible as proof of its contents if it is adduced in evidence: