A court only ever uses s.78 P.A.C.E. (the general discretion to not admit evidence) to exclude hearsay. It can use s.78 but has additional specific powers under s.126 C.J.A. to do so.

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While s.78 P.A.C.E. can be used to exclude hearsay, it has wider discretion to exclude any evidence that would make the trial unfair. Additionally, s.126 C.J.A. provides guidelines for the admissibility of hearsay evidence, but it is not a replacement for s.78 P.A.C.E.

A Court Only Ever Uses S