Evidence Flashcards
What are the exceptions to the exclusion of hearsay evidence?
A confession made by the defendant.
Res gestae - a statement made simultaneously with the event
Agreement - if all parties agree to it’s admission
In the interests of justice - gives the courts a very wide discretion to admit evidence, must have regards too:
the probative value; other evidence; importance; circumstances; reliability; whether oral evidence could be given/ why not; prejudice
When is notice required to admit hearsay evidence?
It is in the interests of justice for the evidence to be admissible
the witness is unable to attend
the evidence is multiple hearsay
either the prosecution or the defence rely on s117 (admission of written evidence prepared for trial)
When does the court have the discretion to exclude evidence?
When its admission would have such an adverse effect on fairness that it ought not to be admitted. (DISCRETION NOT MUST)
When MUST the court exclude evidence ?
When it is alleged that the evidence was obtain in a way to render it unreliable and the prosecution cannot prove beyond reasonable doubt it was not obtained in circumstances existing at the time that rendered it unreliable.
