Hearsay Evidence

Question 1

What is ‘Hearsay Evidence’. There are 4 components.

Answer 1

(1) STATEMENT made by a Person
(2) OUTSIDE OF COURT
(3) PURPOSE to make another person believe it
(4) Statement relied on as EVIDENCE

Question 2

What is the GENERAL Rule on whether ‘Hearsay Evidence’ is Admissible?

Answer 2

Hearsay Evidence is INADMISSIBLE

Question 3

What are the 4 categories of EXCEPTIONS to the Rule ‘Hearsay Evidence’ is INADMISSIBLE?

Answer 3

(1) Unavailable Witness (S116 CJA 2003)
(2) Business Documents (S117 CJA 2003)
(3) ‘Common Law Exceptions’ (S18 CJA 2003)
(4) Previous Inconsistent Statements of Witness (S19 CJA 2003)
(4) ‘Interest of Justice’

Question 4

One of the EXCEPTIONS to the Rule ‘Hearsay Evidence’ is Inadmissible are the ‘Common Law Exemptions’ under S18 CJA 2003.

What are 4 main examples of this?

Answer 4

(1) Res gestae
(2) Confessions
(3) Common enterprise
(4) Body of expertise

Question 5

An exception to the Rule that Hearsay Evidence is Inadmissible is when there is an ‘UNAVAILABLE WITNESS’ (s116 CJA 2003).

What 3 components must be present to make this exception valid? (clue - AIU)

Answer 5

(1) ADMISSIBLE - Statement ordinarily be admissible
(2) IDENTIFIABLE - Person made statement is IDENTIFIABLE
(3) UNAVAILABLE - Witness is UNAVAILABLE due to… (1 of 5 possible factors)

Question 6

An exception to the Rule that Hearsay Evidence is Inadmissible is when there is an ‘UNAVAILABLE WITNESS’ (s116 CJA 2003).

What 5 ways must a Witness be Unavailable? (clue MOCAD (out))

Answer 6

(1) Mentally / physically unfit
(2) Outside UK + ‘Unreasonable’ make them attend
(3) Cannot be found + ‘Reasonable’ steps taken to find
(4) Afraid / fearful (to testify)
(5) Dead

Question 7

When the exception to admitting ‘Hearsay Evidence’ under the UNAVAILABLE WITNESS’ (s116 CJA 2003) exception is argued due to the Witness being ‘Afraid / Fearful’ (to testify), what will the court consider before accepting?

Answer 7

SPECIAL MEASURES can be used instead?

Question 8

An exception to the Rule that Hearsay Evidence is Inadmissible it is a ‘BUSINESS DOCUMENT’ (s117 CJA 2003)

What are the 3 criteria of a ‘Business Document’?
(1) Created….
(2) By a …..
(3)

Answer 8

(1) CREATED in the course of business
(2) By a person with PERSONAL KNOWLEDGE of matter
(3) RECEIVED in the course of business

Question 9

One of the EXCEPTIONS to the Rule ‘Hearsay Evidence’ is Inadmissible are the ‘Common Law Exemptions’ under S18 CJA 2003.

One of these is the ‘RES GESTAE exception’.

(1) What does this mean?
(2) What is a common example of this

Answer 9

(1) Statement made by a person EMOTIONALLY OVERPOWERED by an event that the possibility of distortion / concoction can be disregarded

(2) Domestic violence

Question 10

One of the EXCEPTIONS to the Rule ‘Hearsay Evidence’ is Inadmissible is if it is ‘IN THE INTERESTS OF JUSTICE’.

When should this exception be used?

Answer 10

Last resort - if none of the other exceptions apply

Question 11

The process for P to apply to ‘Admit’ D’s ‘Hearsay’ Evidence to the court is:
(1) P serves ‘Notice’
(2) D can serve ‘Objection’

What are the Time Frames for each part in the MC and CC?

Answer 11

(1) ‘Notice of Intent’
(a) MC -within 10 BUSINESS DAYS D pleading ‘Not Guilty’
(b) CC - within 20 BUSINESS DAYS D pleading ‘Not Guilty’

(2) ‘Objection’

MC & CC - ‘As soon as reasonably practicable’ and in any event within 10 BUSINESS DAYS