Hearsay Flashcards
What is the rule against hearsay?
A statement made out of court may not be presented in evidence as proof of its contents
Hearsay evidence is prima facie inadmissible.
What factors determine if hearsay evidence can be admitted for a fair trial?
Factors include:
* Good reason to admit evidence pursuant to CJA 2003
* Reliability of the evidence
* Proper application of counterbalancing measures
Counterbalancing measures include exclusionary discretion and proper jury directions.
Which items are considered ‘not hearsay’?
Items include:
* Private diary
* CCTV
* Questions (Twist)
* To show the effect of words
* Legally significant words
* Falsehoods
What are the statutory exceptions for admissible hearsay?
Admissible hearsay includes:
* Witness is unavailable for a specified reason s116
* Previous inconsistent statements s119
* Previous consistent statements s120
* Business documents that meet certain criteria s117
* Interests of justice considerations s1114(1)(d)
What conditions make a witness unavailable for hearsay evidence?
Conditions include:
* Dead
* Unfit due to mental/bodily condition
* Outside UK and not reasonably practicable to find
* Cannot be found despite normal steps
* Fear caused by the defendant (hard to satisfy)
What criteria must a business document meet to be admissible as hearsay?
Criteria include:
* It would be admissible as oral evidence
* Created or received by someone in their business/occupation
* Supplied by someone with personal knowledge of the matters stated
may have forgotten it - police notebooks and w statements fall under this category
Define hearsay
Statement made out of court, relied on in court for the truth of its contents
When will a document that would be otherwise admissible under s117 become inadmissible?
The court think that the statement is doubtful because of its:
- contents
- sources
- circumstances in which the info was received-
- the way the document has been created or received
What factors are considered in the interests of justice for admitting hearsay?
Factors include:
* Probative value
* Other evidence presented
* Circumstances and reliability of the statement
* Ability to provide oral evidence
* Difficulty in challenging the statement
* Prejudice to the opposing party
How can hearsay be excluded?
- if the case depends wholly or partly on hearsay, and the court considers D’s conviction on this basis would be unsafe - s125
- if the case for excluding a statement outweighs the case for admitting it - s126
- s78 PACE (prosecution evidence only)
- should warn the jury
What are common law exceptions?
- public information
- evidence of reputation
- res gestae
- confessions
- statements in the furtherance of common enterprise
- body of expertise
What is res gestae?
Res gestae refers to:
- Statements made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded
- Statements accompanying an act which can only be properly considered with the statement
- Statements related to physical sensations or mental states.
The person’s mind must be dominated by the event (Andrews)
What are statements in furtherance of common enterprise?
Statements made by one criminal in furtherance of a criminal activity are admissible against all other criminals involved.
What is the significance of a previous inconsistent statement of a witness?
A previous inconsistent statement that a witness admits to or is proved to have made is admissible as evidence of the matter stated.
When is Multiple Hearsay admissible?
- Either of the statements are admissible under s117, 119 or 120.
- All the parties agree
- Court is satisfied that the value of the evidnece in question is so high that the interests of justice require the later statement to be admissible for that purpose
How can unconvincing hearsay be challenged?
A judge can stop a case where it depends wholly or partly on hearsay evidence and that evidence might lead to unsafe conviction.
What must be pointed out to the jury regarding hearsay?
The risks of relying on hearsay must be pointed out to the jury.
When is notice required for introducing hearsay?
If hearsay is being introduced under:
- s114 (interests of justice)
- s116 (witness unavailable)
- s117 (docs prepared in contemplation of crim proceedings)
- s121 (multiple hearsay)
What are the notice deadlines for introducing hearsay (prosecution)?
Must be 20 business days after a NG plea in MC and 10 business days after a NG plea in CC.
What are the deadlines for opposing introduction of hearsay?
As soon as reasonably practicable and not more than 10 business days after the last of service of notice, service of evidence, or D pleads NG.
What must the notice to include hearsay contain?
- facts relied on that makes evidence admissible
- how the facts will be proved if disputed
- evidence
served on the court and every other party
What are the notice deadlines for introducing hearsay (defence)?
As soon as is reasonably practicable
