*5-Hearsay Evidence Flashcards
hearsay evidence definition
a statement not made in oral evidence in proceedings admitted as evidence of matter stated
s114 of CJA sets out what
when a hearsay statement may be admissible
what is included in s114 CJA
a) hearsay statements admissible when a chapter makes admissible
b) any law preserved by section 118 makes admissible
c) all parties agree to it being used
d) interests of justice
where is a statement defined
s115 CJA
what act is most important for hearsay evidence
criminal justice act
what is a statement
a representation of fact or opinion made by a person whatever means including one made by a sketch of pictorial form
what are not statements
statements not made by a person
photographs, video recordings, audio recordings, computer generate evidence s115 2
what is not made in oral evidence
not made in court eg police statements, 999 calls, conversations
where is matters stated defined under
s115 3 cja
what are matters stated
this is when trying to cause a certain person to believe a point/ machine to operate
what are the reasons it may be admissible mentioned in depth under the CJA
typically unavailable witness s114a
business or professional documents s11
previous or inconsistent statements s118
previous and consistent statements
section 116 talks about unavailable witnesses and the need for hearsay evidence, why are witnesses normally unavailable
dead, unfit, outside the UK, can’t be found, fear (these provide explanation and allow hearsay
where are documents spoke about in the CJA
s117
what must business documents satisfy
a) statement in document
b) must be matter stated
c) created or recieved by a person in course trade or business etc
why does inconsistent statements allowed to be used for hearsay
can be helped to treat the witness as hostile- joyce v joyce
shows possible lies
why are consistent statements used as hearsay
these can show when a witness or defendant has been truthful, less chance of fabrication
used to refresh memory
if consistent hearsay statement is used as a refresher what must it satisfy
must be reasonable to expect that couldn’t remember by the time of trial
and confirm place location etc
s118 of the cja does what
confirms common law exceptions to hearsay rule
what are the common law exceptions
public information evidence of reputation res gestae confessions admissions by agents common enterprise expert advice
what is res gestae direct translation
things done
what is res gestae and what recent events may aid memory
this is usually statements close to the event and because still in shock so unlikely to be fabricated.
typically domestic abuse cases when someone will admit what partner did but later after the event does not want to testify (caroline flack)
typically what type of evidence is admitted under res gestae
999 calls, police body cam footage
what is section 114 1c of the CJA
when hearsay evidence allowed when both parties allow for it
what is section 114 1a of the CJA
when hearsay evidence allowed under the interests of justice but not under any other statutory exceptions
why are the court of appeal cautious about using section 114 1a CJA
they do not want this sub section being used as a loophole to add any hearsay by avoiding other sections
in the interests of justice what type of evidence is allowed
confessions by both prosecution OR defence
but this is not routine
where are the safeguards for hearsay evidence seen
r v riat
section 121-126 CJA 2003
What are the hearsay safeguards
more requirements for multiple hearsay s121
must have capability and credibility s123/124
stop using if unconvincing s125
exclusionary discretion s126
