Hearsay Flashcards
What is hearsay evidence?
Hearsay is evidence of something someone else said outside of court, which cannot be tested by cross-examination. It is generally less reliable than direct evidence. For example, witness statements read in court are considered hearsay.
What are the four main ways hearsay evidence can be admissible?
- Under Statute
- By Rule of Law
- By Agreement of All Parties
- In the Interests of Justice
What are the statutory exceptions to hearsay admissibility?
(a) Witness is unavailable (e.g., dead, unfit, outside UK, missing, or too scared).
(b) Business documents (created/received in the course of business).
(c) Statements for criminal proceedings (when witness can’t remember details).
(d) Previous consistent/inconsistent statements of a witness.
(e) Expert evidence.
(f) Confessions.
What is a “confession” in the context of hearsay?
A confession is an admission of guilt made by the defendant, which can be admissible as hearsay under the rule of law. Mixed statements, which include both incriminating and exculpatory elements, are also admissible.
What are the rule of law exceptions to hearsay?
(i) Confessions or mixed statements.
(ii) Statements made at the time of the offence.
(iii) Statements preserved by res gestae (e.g., made while emotionally overpowered during an event, such as a domestic violence victim’s statement).
When can hearsay be admitted by agreement of all parties?
Hearsay evidence, such as witness statements, can be read out in court if all parties agree. This is a way to simplify the trial process.
When is hearsay admitted in the “interests of justice”?
Hearsay may be admitted if it serves the interests of justice. Factors include the probative value of the statement, its importance to the case, reliability, and difficulty in challenging the statement.
What is multiple hearsay and when is it admissible?
Multiple hearsay occurs when a statement is relayed through more than one person before reaching court, making it even less reliable. It is admissible if:
(i) Business documents
(ii) Inconsistent or consistent statements
(iii) All parties agree
(iv) In the interests of justice.
