Criminal - Application to Adduce Hearsay

Question 1

Is hearsay generally admissible?

Answer 1

No.

Question 2

What are the statutory grounds for adducing hearsay evidence?

Answer 2

1) The witness is dead.

2) The witness is unfit due to physical or mental condition.

3) The witness cannot be found despite reasonable steps to find them being made.

4) The witness will not give oral evidence due to fear.

Question 3

What are the common law grounds for adducing hearsay evidence?

Answer 3

Res Gestae

1) Statements made when a person is overpowered by an event such that concoction can be disregarded;

2) Statement made during an act which can only be properly understood when considered in conjunction with that statement;

3) Statements relating to physical or mental state.

Question 4

Can hearsay be adduced by consent?

Answer 4

Yes, if all parties agree.

Question 5

If the grounds are not met, can the court still order that hearsay be adduced?

Answer 5

Yes. If the court considers it to be in the interests of justice.

Question 6

What are the Res Gestae grounds in respect of adducing hearsay?

Answer 6

1) That the witness was overpowered by emotion such that concoction can be disregarded;

2) That the statement was made during an act which can only be properly understood when considered in conjunction with that statement;

3) Statement relating to physical or mental state.

Question 7

What is the statutory authority for adducing hearsay?

Answer 7

S114 - 136 Criminal Justice Act 2003