Evidence (Hearsay, Confession & Character) Flashcards
What is hearsay evidence?
A statement, made out of court, that is relied on to prove a matter stated.
What is first hand hearsay?
Repeating a statement that did not pass through anyone else.
What is multiple hearsay?
Repeating a statement which has passed through multiple people.
What are the four grounds for admitting hearsay evidence?
Under a statutory provision.
Under a common law exception.
Admissible by agreement of all parties.
If it is in the interests of justice.
What hearsay is admissible under a statutory provision? (2)
Admission of a witness statement due to unavailability of a witness.
Business documents.
When can a witness statement be admitted when a witness is unavailable?
When the hearsay is first hand hearsay.
The person is identified to the court’s satisfaction.
The witness is dead, unfit to attend, outside of the UK, cannot be located or they are in fear of giving evidence.
Is leave for hearsay evidence always given when a witness cannot attend?
If it is in the interests of justice to do so, but the court will first consider if special measures can be put in place.
When can business documents be admitted into evidence?
If it was created or received by a person who was acting in their occupation.
It was supplied by someone who had personal knowledge of the matters stated.
For multiple hearsay, all individuals it has passed through must be acting in their occupation.
What is the additional requirement if the document has been prepared for the purposes of criminal proceedings? (2)
The original witness must be unavailable
or
It would be unreasonable for the witness to remember the matters referred to.
What is the common law exception for admitting hearsay?
Res gestae - a statement which has been made contemporaneously with an event due to the spontaneity of the statement.
What is the definition of confession evidence?
A statement which is wholly or partly adverse to the person who made it.
It can be made to a person in authority or not.
Can be oral, written or by conduct.
How can the admissibility of a confession be challenged?
If the confession was obtained by oppression.
If the confession was obtained unreliably.
If admission of the confession would have an adverse effect on the fairness of proceedings.
If evidence has been found as a result of an inadmissible confession, can the evidence itself remain admissible?
Yes - the confession does not affect the admissibility of this evidence.
What is character evidence?
Evidence of, or a disposition towards, misconduct on the part of the defendant or a non-defendant.
What are the three gateways for non-defendants to adduce character evidence?
A. It is important explanatory evidence where the court would not understand the case without it.
B. It has substantial probative value in relation to a matter within the overall proceedings and is of substantial importance.
C. All parties agree to the evidence being admissible.
What are the seven gateways for defendants to adduce character evidence?
A. All parties agree (including co-defendants.
B. The defendant introduces evidence of their own bad character.
C. Important explanatory evidence is needed to understand the case. Prosecution only.
D. Evidence is relevant to an important issue between the defence and prosecution.
E. The defendant may make an application to adduce bad character of a co-defendant to show they have the propensity to be untruthful or commit offences of the kind which they have been charged with.
F. Evidence to correct a false impression by a defendant.
G. The defendant has made an attack on another person’s character.
Which gateways are automatically admissible?
A, B, C, E & F.
How can bad character be admitted?
By notice to the court and other parties.
Objections must be given on the court and every party.
A court may adjourn an application, discharge or vary a determination.
How can evidence be excluded under section 78 PACE?
Any evidence which the prosecution proposes to rely on may not be allowed if the court is persuaded that in all the circumstances that admitting that evidence would have an adverse effect on the fairness of proceedings.
