Admissible Hearsay Statements

Question 1

General admissibility of hearsay

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 reasonable assurance?

Answer 2

A statement taken from a person who may die can be presented as evidence to court if they are dead at the time of the hearing and reasonable assurance of the statement’s reliability can be shown.

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

Circumstances to consider under s16(1) of the Evidence Act 2006

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