Hearsay Evidence

Question 1

General rule regarding Hearsay:

Answer 1

The general rule is that hearsay evidence is not allowed

Question 2

R v Twist

Answer 2

CoA formulated the test to deterimine if communication was hearsay:

1. ) Identify what relevant fact it is sought to prove
2. ) Ask whether there is a statement of that matter in the communication, if no - not hearsay
3. ) If yes - ask whether it was one of the purposes of the maker of the communication that the recipient believes the matter as true, if yes - It is hearsay

Question 3

Exception to Hearsay:

Answer 3

CJA 2003:

• Witness is unavailable (s. 116)
• It is a business document (s. 117)
• It is in the interests of justice to admit it (s. 114(1)(d) )
• Preserved common law exceptions (s.118)
• All parties agree to the admission (s. 114(1) (c) )

Question 4

Preserved common law exceptions:

Answer 4

• Public information
• Evidence of reputation
• Res gestae
• Confessions
• Statements in furtherance of a common enterprise
• Body of expertise

Question 5

Definition of ‘statement’

Answer 5

s.115:
“a statement is any representation of fact or opinion made by a person by whatever means; and it includes a representation made in a sketch, photofit or other pictorial forms”

Question 6

Security footage and CCTV:

Answer 6

Not hearsay as not made by a person as required by s.115

Question 7

s.116:

Answer 7

Five conditions for unavailable witness:

(a) relevant person is dead
(b) relevant person is unfit to be a witness
(c) relevant person is outside of UK and not reasonably practicable to secure the attendance
(d) relevant person cannot be found and such steps as reasonably practicable have been taken to find them
(e) relevant person is in fear