Admissibility of hearsay Flashcards

1
Q

Generally, is hearsay admissible in criminal proceedings?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Briefly explain the difference between single and multiple hearsay

A

Single - where someone records something they heard someone else say

Multiple - where the relay happens through more than one person before it’s recorded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Name the four exceptions to single hearsay in criminal proceedings?

A
  1. Rule of law (aka s118 common law exceptions)
  2. Interests of justice
  3. Agreement of the parties
  4. Statute
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the main rule of law exception for hearsay?

A

Res gestae - where the witness was so emotionally overpowered that the possibility of concoction can be disregarded e.g. a panicked 999 call

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Give three other rule of law exceptions to hearsay

A
  1. Public information
  2. Confessions
  3. Experts referring to other experts in their field
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Give 8 factors the court will consider to determine if admitting hearsay would be in the interests of justice

A
  1. Probative value
  2. Prejudicial if not admitted
  3. Important to understand other evidence
  4. Availability of other evidence
  5. Circumstances in which the statement was made
  6. Reliability of statement maker and the evidence
  7. Whether oral evidence can be given
  8. Difficulty in challenging the evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are three main statutory exceptions to the rule against hearsay?

A
  1. Unavailable witness
  2. Business documents
  3. Previous consistent/inconsistent statements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Describe the five ways a witness will be deemed ‘unavailable’ by statute

A
  1. Dead
  2. Unfit
  3. Outside the UK and not reasonably practicable to secure attendance
  4. Unable to locate despite reasonably practicable steps taken
  5. Witness’s fear, which is given leave by the court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the four exceptions to allow admission of multiple hearsay?

A
  1. Business document
  2. Previous consistent/inconsistent statements
  3. Agreement of parties
  4. Interests of justice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly