Hearsay Flashcards
Heearsay Definition
- Statement made outside of court (not opinion)
- intended to be taken as true (not diary)
- Relied on in court
- To prove fact included in the statement
Includes: witness statement, body cam, 999 call, confession, business doc
Excludes (admissible): CCTV, diary, Questions, evidence of threat to support defence provided not adducing it to prove contents of threat true, purpose is to show the effect the words had not the truth of the words themselves)
Grounds for admitting hearsay
Not admissible unless:
- Agreement
- Interests of justice (understand other evidence, anything instead, circumstances, reliability, could truth be challenged if not impact on D)
- Witness unavailable if 1. otherwise admitable 2. witness is identifiable (not anonymous) and 3. either dead, abroad + not practicable to secure attendance, missing and taken steps to find them 4. unfit due to mental condition 5. fear of injury to self, another or financial loss and in interests of justice (could special measures be implemented instead?)
- police notebook / witness statement if unavailable for one of 5 years or cannot be expected to recollect due to lapse of time
- previous inconsisent statement (e.g. want to show D is now lying)
- previous consistent statement (e.g. want to show D is telling the truth)
- Public information
- Evidence to prove good character (always admissible)
- Res Gestae (e.g. 999 call / body cam)
- Confession
- Expert evidence
Grounds for court excluding admissible hearsay?
- Case for excluding substantially outweighs benefits of admitting it
- s78: adverse effect on fairness of proceedings ought not be admitted
How to request hearsay is admitted?
- Notice: Court and other parties in writing 20 days after pleads NG (Mags) 10 business days (CC)
- Other hearsay: no application / notice is required - just bring it up if admissible under statutory limb
Leading questions
Examination in chief: No leading questions
Cross examination: leading questions
Re-examination: No leading questions
Note: W / D can only rely on evidence that they give orally. so needs to be spoken of. P can only rely on evidence which they put to the W / D so must put it to D otherwise cannot rely on it
When can a witness refuse to answer questions?
Self-incriminate themselves ONLY (not another)
When will court give a witness special measures?
- vulnerable or
- intimidated
Compellibility and Competence
Compellable: whether can be forced to give evidence
Competence: whether can lawfully be called to give evidence
Compellibility and Competenence for P
All are competent provided understand questions and give comprehensible answers / understand solemity of oath except:
- Ds
All are compellable except:
- Ds
- Spouse / Civil partner UNLESS domestic violence or child abuse
- W is not competenet
Compellibility and Competence for D
All are compentent (unless cannot understand questions / ooath or give comprehensible answers)
All are compellible except:
- D / Co D
- not competent
