Hearsay Evidence. Flashcards
What is hearsay?
An out of court statement given as evidence of the truth of matters stated.
When is hearsay admissible (and section)?
S.114:
1. Statutory exception.
2. Common law exception.
3. By agreement between parties.
4. In the interests of justice.
What does S.115(2) say?
Statement = any representation of fact or opinion made by a person by whatever means.
What does S.115(3) say?
A matter stated = applies if purpose of statement is to -
1. Cause another to believe matter.
2. Cause another to act or machine to operate on basis that the matter is as stated.
What does S.116 regard?
Unavailable witnesses.
What are the reasons for S.116(2)? (5)
a) Dead.
b) Unfit.
c) Outside of UK.
d) Cannot be found.
e) Fear.
What must untested hearsay evidence be shown to be before it can be admitted (and case)?
Shown to be potentially reliable. R v Ibrahim.
What section involves business documents?
S.117.
What are business documents?
- Personal knowledge of matter stated.
- Tells someone else in the course of their occupation.
What are the common law exceptions (and section)?
S.118:
1. Confessions are only used as evidence against the maker.
2. Res gestae.
What does res gestae mean?
“Things done.”
Words accompanying a relevant act or spoken shortly afterwards.
What does S.119 deal with (and case)?
Previous inconsistent statements. Joyce v Joyce.
What is the direction that should be made to the jury? (3)
Made aware of potential weaknesses in the evidence.
- not made under oath.
- not cross-examined.
- look at other evidence and compare with that.
What are 3 CJA safeguards?
S.123 - capability of maker.
S.124 - credibility of maker.
S.125 - can stop case if unconvincing hearsay evidence.
