There is varying opinion on whether hearsay evidence of implied assertions should be admissible in court to prove or justify the issue within contents.
Implied assertions are generally considered less reliable than regular statements, because of how easy it is to fabricate them.
660, [2006] 2 Cr.App.R 12, Rose LJ giving the judgment of the court said this in paragraph 14: "When section 114[1] and section 118[2] of the Criminal Justice Act 2003 are read together they, in our judgment, abolish the common law hearsay rules (save those which are expressly preserved) and create instead a new rule against hearsay which does not extend to implied assertions.
The view of the majority in Kearley,[3] in relation to hearsay, has been set aside by the Act.
"As per Sukadeve Singh, various telephone entries are held not to be a matter stated within section 115[4] but to be implied assertions that are admissible because they were no longer hearsay.