4. Admissible Hearsay Statements

Question 1

Outline section 18 EA 06?

Answer 1

18 General admissibility of hearsay Evidence Act 2006
(1) A hearsay statement is admissible in any proceeding if—
(a) the circumstances relating to the statement provide reasonable assurance that the
statement is reliable; and
(b) either—
(i) the maker of the statement is unavailable as a witness; or
(ii) the Judge considers that undue expense or delay would be caused if the
maker of the statement were required to be a witness.

Question 2

What is needed for a statement to be considered admissable?

Answer 2

For a statement to be considered admissible evidence under s18(1) of the
Evidence Act 2006, the Court must be satisfied that both the content and the
person who made it, are reliable. You must therefore record any factors that
demonstrate this reliability.

Question 3

Section 16(1) outlines the cirucmstances to consider in relation to statement. What are they?

Must Know

Answer 3

Circumstances to consider under s16(1) of the
Evidence Act 2006 include:
* the nature of the statement
* the contents of the statement
* the circumstances relating to the making of the statement
* circumstances relating to the veracity of the person making the statement
* circumstances relating to the accuracy of the observation of the person