Hearsay Flashcards
What is the general rule regarding hearsay?
It is inadmissible
What is a statement for the purposes of hearsay law ?
a representation of fact or opinion made by a person by whatever means
(includes sketch, photofit, other pictorial form)
What is a matter stated?
One which the purpose (or one of the purposes) of the person making the statement is to cause someone to believe the matter, or to cause another person or machine to act on the bases that the matter is as stated.
(basically hearsay only catches things which are designed to convince others)
How does hearsay operate with previous consistent or inconsistent statements?
It is admissible subject to the rules regarding each
i.e. if adduced to prove something isnt fabricated or is adduced to prove there has been inconsistency it is okay
Is evidence produced purely by mechanical means hearsay?
No, though if it depends on the accuracy of the input, this must be proven
How can hearsay be admissible?
Under CJA 2003 provisions
by consent
in the interests of justice
How is hearsay admissible under s.116 CJA?
Where the hearsay would be admissible if given by the person, and the hearsay evidence is first hand
but
that person is dead, unfit, outside the UK, cannot be found or is too fearful to give evidence
What is the extra step if the reason is fear under s.116?
An interest of justice test
How is hearsay admissible under s.117 CJA?
Documentary evidence produced by someone in the course of their business trade or profession is deemed as trustworthy and admissible.
There is a power for it to be inadmissible if there is evidence it may not be accurate or trustworthy
How is hearsay admissible under s.118 CJA?
Preserves some common law rules:
Public information (such as records, histories, public docs) are all admissible
Evidence of reputation to prove character is admissible
Res Gestae - the idea that something said while under significant emotional load can be taken as honest and true as it is unlikely to be fabricated
An expert can draw on a body of expertise without it being hearsay
Is hearsay that is admissible under CJA 114 always then admissible in court?
No - can still be excluded under s.78 PACE
Can hearsay be used to prove the fact that an earlier hearsay statement was made?
No.
Unless one of the statements is admissible under s.117
or
Parties agree
or
interest of justice say it should be
If hearsay is admitted but the maker of the statement does not give oral evidence, what can the other party do?
Adduce any evidence to discredit the hearsay as would have been admissible had they given evidence
What is the safeguard under s.126?
Gives the court the discretion to exclude evidence it thinks the case against its admission defeats the case for - especially designed for superfluous or unconvincing hearsay
What does the safeguard under s.125 allow?
Allows the court to stop a trial where the case for the prosecution is based wholly or partly on hearsay and that case is unconvincing
The court can then direct the jury to acquit, or order a retrial
Should notice be given for the use of hearsay evidence?
Yes
Party entitled to notice can waive it
Court can admit anyway
What is the procedure to admit hearsay?
Should be served on the court and each party
Should:
identify the hearsay
Set out why it is admissible
Explain how it will prove it is admissible (if disputed)
How much notice should be given by a prosecutor to adduce hearsay evidence?
20 business days after not- guilty plea in mags
10 business days after not-guilty plea in crown
How much notice should defendant give to adduce hearsay evidence?
As much as reasonably practicable
What if hearsay is objected to?
Application should be made setting out the nature of the objection
When should an objection to hearsay be filed?
As soon as practicable, and in any event not more than 10 business days after:
notice to introduce hearsay
or
service of evidence is no notice was required
or
defendant pleads not guilty
