Admissible Hearsay Statements

Question 1

Discuss the general admissibility of hearsay

Answer 1

A hearsay statement is admissible if the circumstances relating to the statement provide reasonable assurance that the statement is reliable and either

• the maker of the statement is unavailable as a witness or
• 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

When can the statement of a person who may die be presented as evidence?

Answer 2

If they are dead at the time of the hearing and reasonable assurance of the statement reliability can be shown

Question 3

What circumstances should be considered to demonstrate reliability?

Answer 3

• 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