4. Admissible Hearsay Statements

Question 1

General Admissibility of hearsay evidence

What section covers this and what does it cover?

Answer 1

Section 18 Evidence Act 2006

It says a hearsay statement is admissible if there is a reasonable assurance that it is RELIABLE and

EITHER

maker is unavailable as a witness OR

the judge considers that it will be undue expense or delay in calling that witness.

Question 2

In terms of reliability what are the circumstances does section 16(1) refer to?

Answer 2

• the nature of the statement
• the content of the statement
• Circumstances in making the statement
• Circumstances in the veracity of the person making the statement
• Circumstances around the accuracy of the observation of the person making the statement