Criminal Disclosure Act Definitions

Question 1

Section 4 of the Act defines an “expert” as?

Answer 1

Section 4 of the Act defines an “expert” as “a person who has specialised knowledge or skill, based on training, study or experience”

Question 2

Under Section 4 of the Act, a hearsay statement is defined as?

Answer 2

Under Section 4 of the Act, a hearsay statement is defined as; a) “A statement that – was made by a person other than a witness; and b) is offered in evidence at the proceeding to prove the truth of its contents” Define “Hearsay statement” This is a statement that was made by a person other than a witness, and is offered in evidence in the proceeding to prove the truth of its contents. This definition means that out-of-court statements made by a “witness” are not excluded by the hearsay rule because the maker is available to be cross-examined. Such statements may still be excluded by a different rule. A statement offered for some purpose other than proving the truth of its contents, for example merely to show that the statement was made or uttered, is not a hearsay statement.

Question 3

In relation to the reliability of hearsay statements, briefly outline the four reasons why hearsay evidence is generally excluded;

Answer 3

In relation to the reliability of hearsay statements, briefly outline the four reasons why hearsay evidence is generally excluded;

• Where the maker of a statement is not called as a witness, there is no opportunity to cross-examine them regarding its contents, the circumstances in which it was made, and so on.
• The rule addresses the concern that juries cannot evaluate evidence properly without being able to see the demeanor of the person who made the statement in question
• There is a danger that witnesses will make mistakes about the meaning or content of statements made by other people
• The reason for the rule’s existence is therefore the danger attributing undeserved weight to evidence that cannot be adequately or properly tested. There needs to be a ‘reasonable assurance’ of reliability, which means that the evidence must be reliable enough for the fact-finder to consider it, and draw its own conclusions as to weight.

Question 4

Definition of “hostile witness”?

Answer 4

Definition of “hostile witness”;

• Exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
• Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
• Refuses to answer questions or deliberately withholds evidence.

Question 5

Sexual Case - means?

Answer 5

Sexual Case - means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for an offence against any of the provisions of sections 128 – 142A or section 144A CA 1961, or, any other offence against the person of a sexual nature.