Admissible Hearsay Statements

Question 1

Introduction

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. In these
circumstances consider getting them to make a statement.

Question 2

General admissibility of hearsay

Answer 2

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 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.

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. 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

In the event of you needing further guidance you will need to consult your
supervisor or OC CIB.