The Law Commission Report  which recommended statutory codification of the common law rule of hearsay, for purposes of clarity and consistency, considered the abovementioned criticisms levelled against Kearley. The 2003 Act, which was largely based on the recommendations, aimed inter alia to “overturn the ruling in Kearley”.  Though the exceptions to the rule retained largely the same form in the statute as in common law,  the rule itself has been altered in terms of what qualifies as hearsay evidence.  As set out in Ss. 114  and 115  , an evidence must be a statement not made in oral evidence in proceedingsâ€¦ in evidence of any matter stated in order to come within the hearsay rule.
The definitions in S. 115 of the terms used in S. 114 has the effect of narrowing the latter to only statements, whose makers had the purpose of the conditions set out in either 115(3)(a) or (b).  This implies that if the purpose of the maker is not to assert or cause the other party to believe or act, it falls out of the purview of the exclusionary rule. It is not all kinds of implied assertions but only those unintended assertions were sought to be left out of the application of the rule.