Hearsay, confession, and character evidence Flashcards
Definition of hearsay
A statement, not made in oral evidence, that’s relied on as evidence of a matter in it
What are the 5 conditions for hearsay being admissible where the witness is unavailable to attend court?
- witness is dead,
- witness is unfit to be a witness due to physical/mental condition
- witness is outside the UK and it’s not reasonably practicable to secure attendance
- witness can’t be found, although reasonably practicable steps were taken
- witness refuses to give oral evidence through fear, and court gives leave to use the statement
2 common law exceptions to excluding hearsay
- evidence of confession
- evidence as part of res gestae (statement made contemporaneously with event)
What are the 4 situations where the Part 20 procedure for admitting hearsay be used?
A. admitting hearsay is in interest of justice
B. witness is unavailable to attend court (s.116)
C. evidence is multiple hearsay
4. either party relies on s.117 to admit statement prepared for use in criminal proceedings
What is the consequence of the Part 20 procedure applying?
The party wishing to rely on the hearsay/oppose the other relying on it must give notice of intention to the court and other parties
Definition of a confession
Any statement wholly/partly adverse to the person making it, whether made to a person in authority or not, and whether made in words or otherwise
What are the 2 conditions for a confession to be admissible?
- it’s relevant, and
- it’s not excluded by the court
2 grounds of challenging admissibility of a confession which D admits to having made
- it was obtained by oppression of the person who made it
- it was unreliable (caused D to confess for reason other than that he actually committed the offence)
What is the ground for the general power to exclude prosecution evidence?
Court can exclude evidence if admitting it would have such adverse effect on fairness of proceedings that it shouldn’t be admitted
What is a significant statement?
Something D said to police staff outside of formal interview that appears capable of being evidence
When must the Magistrates court hold a voir dire?
If D challenges admissibility of a confession on the grounds of oppression or unreliability
If D only challenges it on the ground of adverse effect on fairness, it doesn’t have to be held
Definition of bad character
Evidence of or disposition towards misconduct, expect evidence related to the offence with which he’s charged
Definition of misconduct
Commission of an offence or other reprehensible behaviour
When is bad character evidence relevant to an important matter in issue between D and the prosecution?
- D has propensity to commit offence of that kind
- D has propensity to be untruthful
Which 2 types of past offences can be used to establish propensity to commit that type of offence?
- offence of the same description
- offence of the same category
When else can a past offence be used to show propensity?
When there are significant factual similarities between the prior and current offences
When can a prior offence NOT be used to show propensity?
If the court is satisfied it’d be unfair to admit it given the time that’s passed since conviction
D’s prior convictions are not admissible to show propensity to be untruthful, unless…
- the manner in which the prior offence was committed shows the propensity (eg. lied), or
- D pleased not guilty to a prior offence by was convicted after trial at which D testified and wasn’t believed
When MUST evidence of propensity to commit offence/be untruthful be excluded?
If it’d have an adverse effect on the fairness of proceedings
Are spent offences inadmissible?
No, but they’re likely to have an adverse effect on proceedings (if this would be the case, they must be excluded)
In which 2 gateways does the court have power to exclude evidence under the CJA? (MUST exclude it if it’d have adverse effect on fairness)
D. it’s relevant to issue between D and prosecution (propensity to commit offence/be untruthful)
G. D attacked another person’s character
Can D use evidence of bad character of another person automatically?
No- must always ask for court’s permission (unless both parties agree to admitting it)
What are the 3 grounds for admissibility of bad character evidence for a person other than D?
- it’s important explanatory evidence,
- it has substantial probative value, or
- all parties agree to admitting it
When is another person’s misconduct admissible?
If there are sufficient factual similarities between each instance of misconduct
How is admissibility of another person’s prior convictions decided when D blames that person for the offence?
The court considers to what extent the evidence shows that the same person was responsible for each offence
