hearsay evidence. Flashcards
what is hearsay evidence.
this is an out of court statement adducted as evidence of the truth of the matters stated.
what does hearsay evidence include.
statements that have been made to the authorities for criminal justice purposes.
statements heard by witnesses documented audio and video recordings.
in some circumstances pre recorded interviews can be admitted as evidence in chief or cross examination ie not hearsay.
cha 2003 s.114.
when can you admit hearsay evidence.
in criminal proceedings a statement cannot be made in oral evidence in the proceedings is not admissible as evidence of any matter stated unless
a-statutory hearsay evidence.
b-admissible under common law hearsay exception
c- agreement between the partys.
d-interests of justice.
s.115 statements and matters stated.
2 a statement is representation of fact or opinion made by a person by whatever means includes a representation made in a sketch photofit or other pictorial form.
what is a matter stated.
a matter stated is one which applies in the purpose of the other person making the statement appears to the court to have been
to cause another person to believe a matter
to cause another person to act of a machine to operate on the basis that the matter is as stated.
116(2) unavailable witnesses.
dead
unfit to be a witness mental or body condition.
outside the uk nor reasonably practical to secure attendance.
through fear the makes does not give or continue to give oral evidence at all the court can give leave.
r v ibrahim
d charged with rape
v a herorin prostitute has previously made a false allegation of sexual assault died before trial.
the more central the untested hearsay evidence the greater the need to ensure that the untested hearsay evidence is reliable and to ensure that there are acquitted counterbalancing measures.
s.117 business documents.
x had personal knowledge of matter states
y received information in court of business ect
z receives in course or business ect created document.
restriction of s.117.
situations when it can be used
if statement prepared for purposes of criminal investigation admissible only inf under s.116 conditions apply.
witness can be expected to remember eg car registration number
rely on document that witness.
s.118 common law exceptions.
confessions nb only as evidence against maker
res gestae
common enterprise
in general common law exception admit that is assumed to be reliable
res gestea
means things done words accompanying a relevant act of spoken shortly afterwards
includes evidence of intention.
reviewed in cases. of domestic violence used to admit 999 calls and body cam recordings
useful when witnesses are in fear
subject to pace s.78 if no good reason witness can t be called to cross examine use of red tested.
anonymous hearsay.
to admit witness must be identified.
does not apply to other gateways.
ford 2010 anonymous evidence can be given under coroners and justice act.
brown 2019 held only where witness deliberately refused to be identified 999 calls giving car registration number admissible both red beasts and in the interest of justice although caller didn’t state name.
Previous inconsistent statements s.119.
A previous inconsistent statement will be admissible as evidence of any matter stated if which oral evidence by him would be admissible.
Joyce and joyce 2005
Drove to victims house and fired shots before driving off.
Victim and 2 other witnesses gave statements to police identifying joyces
At trial all three claimed they were mistaken
Judge allowed them to be treated as hostile so that they could be cross examined by the prosecution.
Jury directed judge they would either
Treat the original statements as correct and rely on them
Treat the testimony in court as correct
Conclude that the witnesses were not reliable and all their evidence should be disregarded.
previous inconsistent statements s.120
rebut allegation of fabrication.
memory refreshing on document.
identification statements.
statement made when memory was fresh and witness can now be expected to remember victim complaint.
s.115 (1)(d)
caution in hearsay evidence
admissions in the interests of law
as a safety valve for cases where no specific rule applied.
2003 draft made more prominent.
Confession can be admitted either as prosecution or defence evidence for against a person other than the maker
should not be routinely made r v y 2008.
