*5-Hearsay Evidence

Question 1

hearsay evidence definition

Answer 1

a statement not made in oral evidence in proceedings admitted as evidence of matter stated

Question 2

s114 of CJA sets out what

Answer 2

when a hearsay statement may be admissible

Question 3

what is included in s114 CJA

Answer 3

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

Question 4

where is a statement defined

Answer 4

s115 CJA

Question 5

what act is most important for hearsay evidence

Answer 5

criminal justice act

Question 6

what is a statement

Answer 6

a representation of fact or opinion made by a person whatever means including one made by a sketch of pictorial form

Question 7

what are not statements

Answer 7

statements not made by a person

photographs, video recordings, audio recordings, computer generate evidence s115 2

Question 8

what is not made in oral evidence

Answer 8

not made in court eg police statements, 999 calls, conversations

Question 9

where is matters stated defined under

Answer 9

s115 3 cja

Question 10

what are matters stated

Answer 10

this is when trying to cause a certain person to believe a point/ machine to operate

Question 11

what are the reasons it may be admissible mentioned in depth under the CJA

Answer 11

typically unavailable witness s114a
business or professional documents s11
previous or inconsistent statements s118
previous and consistent statements

Question 12

section 116 talks about unavailable witnesses and the need for hearsay evidence, why are witnesses normally unavailable

Answer 12

dead, unfit, outside the UK, can’t be found, fear (these provide explanation and allow hearsay

Question 13

where are documents spoke about in the CJA

Answer 13

s117

Question 14

what must business documents satisfy

Answer 14

a) statement in document
b) must be matter stated
c) created or recieved by a person in course trade or business etc

Question 15

why does inconsistent statements allowed to be used for hearsay

Answer 15

can be helped to treat the witness as hostile- joyce v joyce
shows possible lies

Question 16

why are consistent statements used as hearsay

Answer 16

these can show when a witness or defendant has been truthful, less chance of fabrication
used to refresh memory

Question 17

if consistent hearsay statement is used as a refresher what must it satisfy

Answer 17

must be reasonable to expect that couldn’t remember by the time of trial
and confirm place location etc

Question 18

s118 of the cja does what

Answer 18

confirms common law exceptions to hearsay rule

Question 19

what are the common law exceptions

Answer 19

public information
evidence of reputation 
res gestae
confessions 
admissions by agents 
common enterprise
expert advice

Question 20

what is res gestae direct translation

Answer 20

things done

Question 21

what is res gestae and what recent events may aid memory

Answer 21

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)

Question 22

typically what type of evidence is admitted under res gestae

Answer 22

999 calls, police body cam footage

Question 23

what is section 114 1c of the CJA

Answer 23

when hearsay evidence allowed when both parties allow for it

Question 24

what is section 114 1a of the CJA

Answer 24

when hearsay evidence allowed under the interests of justice but not under any other statutory exceptions

Question 25

why are the court of appeal cautious about using section 114 1a CJA

Answer 25

they do not want this sub section being used as a loophole to add any hearsay by avoiding other sections

Question 26

in the interests of justice what type of evidence is allowed

Answer 26

confessions by both prosecution OR defence

but this is not routine

Question 27

where are the safeguards for hearsay evidence seen

Answer 27

r v riat

section 121-126 CJA 2003

Question 28

What are the hearsay safeguards

Answer 28

more requirements for multiple hearsay s121
must have capability and credibility s123/124
stop using if unconvincing s125
exclusionary discretion s126