Hearsay Exceptions Flashcards
Under section 116 Criminal Justice Act 2003, when is hearsay evidence admissible?
A. When the witness is unavailable due to death, unfitness, absence overseas, not found, or fear
B. Only if the parties agree
C. Only when the court grants permission under interests of justice
D. Only if the statement is in a business document
A. When the witness is unavailable due to death, unfitness, absence overseas, not found, or fear
Explanation: Section 116 allows hearsay when the original witness cannot attend due to these reasons.
A witness is missing despite reasonable steps being taken to find them. What is the correct approach?
A. Admit their prior statement under section 116 as hearsay
B. Exclude the statement unless the defence consents
C. Admit the statement only if it was recorded on video
D. It cannot be admitted in any circumstances
A. Admit their prior statement under section 116 as hearsay
Explanation: Under section 116(2)(d), if the witness cannot be found despite reasonable steps, hearsay can be admitted.
In a case of intimidation, a witness refuses to testify. What must the court find to admit their previous statement under section 116?
A. That the witness is unavailable through fear and that admitting the statement is in the interests of justice
B. That the defendant was responsible for the fear
C. That the prosecution has no alternative witnesses
D. That the witness has medical evidence of trauma
A. That the witness is unavailable through fear and that admitting the statement is in the interests of justice
Explanation: Section 116(2)(e) and (4) require the court to find fear and that admission is in the interests of justice.
What does section 117 Criminal Justice Act 2003 primarily govern?
A. Oral testimony reliability
B. Exclusion of hearsay under PACE
C. Use of foreign witness statements
D. Admissibility of business and professional records
D. Admissibility of business and professional records
Explanation: Section 117 deals with allowing business documents and professional records as hearsay evidence.
A medical record created during treatment is sought to be used in court. Under which provision is this allowed?
A. Only if the patient consents
B. Only under PACE
C. Only if the witness is available
D. Under section 117 as a business document
D. Under section 117 as a business document
Explanation: Medical records are admissible as business documents under section 117.
A police notebook entry is being used but the officer cannot remember the events. How should this be handled?
A. Exclude it automatically
B. Use it under section 116 only
C. Exclude unless video evidence is available
D. Admit it under section 117 if the officer’s recollection is understandably poor due to time elapsed
D. Admit it under section 117 if the officer’s recollection is understandably poor due to time elapsed
Explanation: Section 117(5) allows admission when memory has naturally faded due to time.
If the reliability of a business document is doubtful, what must the court do under section 117(6)?
A. Admit the evidence if needed
B. Allow the jury to decide
C. Refer the matter to another judge
D. Exclude the document
D. Exclude the document
Explanation: Section 117(6) says the court must exclude a business document if its reliability is in doubt.
Which factor must a court consider under section 114(2) when deciding to admit hearsay in the interests of justice?
A. Only the seriousness of the offence
B. Whether the defendant has another means to challenge the evidence
C. The reliability of the statement and the maker
D. Whether a retrial would be needed
C. The reliability of the statement and the maker
Explanation: Reliability of both the statement and the statement maker are central under section 114(2).
Prosecution seeks to admit a statement but failed to take proper steps to find the witness. What must happen?
A. Admit automatically
B. Allow the jury to assess credibility
C. Admit under section 114(1)(d)
D. Refuse to admit under section 116 as reasonable efforts were not made
D. Refuse to admit under section 116 as reasonable efforts were not made
Explanation: Section 116 requires proper steps to find the witness. If not taken, hearsay cannot be admitted.
A defendant objects to hearsay evidence, arguing it is the only evidence against them. What must the court consider?
A. Automatically exclude it
B. Admit it because hearsay is allowed
C. Consider if the hearsay is sole or decisive and whether there are counterbalancing measures
D. Send the case to a different judge
C. Consider if the hearsay is sole or decisive and whether there are counterbalancing measures
Explanation: If the hearsay is crucial, the court must consider if safeguards are enough to allow a fair trial.
When can parties admit hearsay evidence without needing permission from the court?
A. When the judge directs it
B. When all parties agree
C. When the statement is signed
D. Only if it is a business document
B. When all parties agree
Explanation: Under section 114(1)(c), hearsay can be admitted without a hearing if all parties consent.
During a trial, both prosecution and defence agree to admit a hearsay statement. What is required?
A. Leave of the judge
B. Agreement between all parties
C. Special reasons under section 117
D. Oral evidence first
B. Agreement between all parties
Explanation: Section 114(1)(c) allows agreement between all parties to bypass the need for judicial permission.
Which section of the Criminal Justice Act 2003 governs multiple hearsay?
A) Section 116
B) Section 118
C) Section 121
D) Section 114
C) Section 121
Explanation: Section 121 CJA 2003 regulates multiple hearsay, setting strict conditions for its admissibility.
Which of the following is a preserved common law exception to the hearsay rule under section 118 Criminal Justice Act 2003?
A) Statements by a friend during a phone call
B) Business documents
C) Public information
D) Interests of justice
C) Public information
Explanation: Public information (such as maps, registers, dictionaries) is a preserved common law exception under section 118 CJA 2003.
Which one of the following allows the court to exclude hearsay if it would cause undue waste of time?
A) Section 126 CJA 2003
B) Section 116 CJA 2003
C) Section 121 CJA 2003
D) Section 125 CJA 2003
A) Section 126 CJA 2003
Explanation: Section 126 allows the court to exclude hearsay if its admission would result in an undue waste of time compared to its probative value.
A witness makes a statement at the scene of a violent robbery while still terrified. Which hearsay exception is most likely to apply?
A) Business document
B) Interests of justice
C) Reputation evidence
D) Res gestae
D) Res gestae
Explanation: Res gestae applies when a statement is made under the emotional dominance of a startling event without time to fabricate.
The prosecution wants to introduce a witness statement from a witness now deceased. Which section allows this?
A) Section 121
B) Section 126
C) Section 114(1)(d)
D) Section 116
D) Section 116
Explanation: Section 116 allows hearsay from unavailable witnesses, including those who have died.
During a trial, a defendant’s solicitor tries to submit a client’s private diary as hearsay. Is this hearsay under the CJA 2003?
A) Yes, it is hearsay
B) No, it is original evidence
C) Yes, but only if signed
D) No, because there was no intent for anyone to believe it
D) No, because there was no intent for anyone to believe it
Explanation: A private diary is not hearsay because the writer did not intend anyone else to rely on its contents.
A police officer’s body-worn video captures a terrified complainant immediately after an assault. How should the prosecution admit this evidence?
A) Business document
B) Confession
C) Res gestae
D) Previous inconsistent statement
C) Res gestae
Explanation: Spontaneous statements captured immediately after an incident can be admitted as res gestae if dominated by the event.
A defendant tries to challenge a deceased witness’s hearsay evidence. What tool is available under the CJA 2003?
A) Section 116 challenge
B) Section 78 PACE
C) Application to cross-examine
D) Challenge credibility under section 124
D) Challenge credibility under section 124
Explanation: Section 124 allows the credibility of absent hearsay makers to be challenged even though they cannot be cross-examined.
Which of the following must a hearsay notice include under the Criminal Procedure Rules?
A) Name of defence solicitor
B) Explanation of why the evidence is admissible
C) Statement of previous criminal record
D) Name of trial judge
B) Explanation of why the evidence is admissible
Explanation: Notices must explain why the evidence is admissible, identify the evidence, and attach it if not already served.
Which section allows a judge to stop a trial if hearsay evidence is so unconvincing that a conviction would be unsafe?
A) Section 118
B) Section 126
C) Section 125
D) Section 114
C) Section 125
Explanation: Section 125 allows the judge to stop a case where reliance on weak hearsay evidence would make a conviction unsafe.
A previous inconsistent statement is introduced to prove what a witness earlier said. Which section governs this?
A) Section 117
B) Section 119
C) Section 121
D) Section 116
B) Section 119
Explanation: Section 119 CJA 2003 allows a previous inconsistent statement to be used as evidence of the matter stated.
A document created during a police investigation is sought to be admitted. What additional requirement applies?
A) The witness must be dead
B) It must satisfy one of the section 116 conditions or the maker must not reasonably recall the matters
C) It must be an official police record
D) It must be confirmed by the investigating officer
B) It must satisfy one of the section 116 conditions or the maker must not reasonably recall the matters
Explanation: Documents made for criminal proceedings must either meet a section 116 condition or the maker must not reasonably recall.
