Admissible Hearsay Statements

Question 1

In relation to s18 of the Evidence Act 2006, What is covered in the General Admissibility of Hearsay?

Answer 1

Answer:
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 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

Explain under s18(1) How can 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?

What five circumstances must be considered under s16(1) of the Evidence Act 2006?

Answer 2

Answer:
Statement is admissible if the court is satisfied that both the content and the person who made it is reliable.

Answer:
The nature of the statement
The contents of the statement
The circumstances related 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