Admissible Hearsay Statements

Question 1

S18 - General Admissibility of Hearsay EA 06

Answer 1

General admissibility of hearsay
(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

Can a dead persons statement be heard in court?

Answer 2

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

Question 3

Reasonable assurance - criteria:

Answer 3

S16(1) EA
- 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