Commentary on Sections Part 11 - Evidence Chapter 2: Hearsay evidence Section 115: Statements and matters stated
400.This section defines the type of statements which will be covered by Chapter 2. Its purpose is to overturn the ruling in Kearley [1992] 2 AC 228 that "implied assertions" are covered by the hearsay rule and therefore prima facie inadmissible. Under subsection (3), a statement is one to which this Chapter applies if it is the purpose of the person making the statement to:
	cause the hearer to believe that the matter stated is true or to act on the basis that it is true; or
	cause a machine to operate on the basis that the matter is as stated.
401.Section 115 therefore changes the common law position and will not prevent the admission of such implied assertions on the basis of the hearsay rule. Equally, where the assertion relates to a failure to record an event, sometimes known as negative hearsay, it will not be covered by Chapter 2 if it was not the purpose of the person who failed to record the event to cause anyone to believe that the event did not occur.
402.Subsection (2) preserves the present position whereby statements which are not based on human input fall outside the ambit of the hearsay rule. Tapes, films or photographs which directly record the commission of an offence and documents produced by machines which automatically record a process or event or perform calculations will not therefore be covered by Chapter 2.