Admissible Hearsay Statements

Question 1

If Death Occurs

Answer 1

Evidence for court may come from unsworn or sworn statements made by victims, witnesses or offenders. Sometimes, however, the person from whom you need a statement may be dangerously ill or dying.

Question 2

S8 - General Admissibility of Hearsay, Evidence Act 2006

Answer 2

(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 3

Reasonable Assurance

Answer 3

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.

You must therefore record any factors that demonstrate this reliability. 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