Hearsay - Exceptions I

Question 1

When could hearsay be admissible?

Answer 1

1) The witness is unavailable
2) It is a business document (court has discretion on reliability)
3) It is in the interests of justice to admit it

Question 2

What constitutes a witness being unavailable?

Answer 2

1) Dead
2) Unfit to be witness
3) Outside of UK, not reasonably practicable to secure attendance
4) Relevant person cannot be found, although they reasonably tried
5) Fear of relevant person, and court gives leave for statement to be given

Question 3

Can the Court admit evidence of a person not identified?

Answer 3

Absolutely not

Question 4

Does unfit to be a witness need to be a medical condition?

Answer 4

No, can also be trauma such as victim of sexual assault

Question 5

What constitutes fear in hearsay evidence for a witness?

Answer 5

• Fear of death or injury

Question 6

What must court regard in admitting evidence in the interests of justice if the witness is not available due to fear?

Answer 6

a) Statement’s contents
b) Any risk of admission / exclusion on unfairness
c) If a direction under s19 special measures could be made
d) Any other relevant circumstances

Question 7

In a witness’s fear, does it need to be caused by the D

Answer 7

No

Question 8

What must be established between fear and failure to give evidence?

Answer 8

A causative link between the fear and failure to give evidence

Question 9

What happens if the intimidation of a witness is proved by the Court?

Answer 9

The evidence is likely admissible, and the defence should not cry about the right to a fair trial being infringed

Question 10

When could business documents, etc be admissible?

Answer 10

If the following apply:
1) Document containing statement was created in course of business
2) Person who supplied information contained in statement had or reasonably supposed to have personal knowledge on the matters
3) Each person through whom information was supplied from relevant person received the information in the course of business

Question 11

What other documents constitute business documents?

Answer 11

• Medical documents
• Statement written down by feds

Question 12

What conditions must be satisfied under s117 for documents to be admissible?

Answer 12

• One of five conditions in s116 satisfied, or
• Person who supplied information cannot be expected to have recollection of matters with in the statement (having regard to the time)

Question 13

Does the court have exclusionary discretion even if conditions are satisfied?

Answer 13

Yes

Question 14

When does s78 PACE allow court to exclude document evidence that would otherwise be admissible under s117?

Answer 14

If there is doubt on its content, the source, or other circumstances

Question 15

What are the questions the court can ask when determining interests of justice in evidence (s114)?

Answer 15

1) How much probative value?
2) What other evidence can be given?
3) How important is the matter or evidence?
4) The circumstances of statement
5) How reliable is the maker
6) How reliable the evidence is
7) Whether oral evidence of the matter can be given, if not, why
8) The amount of difficulty involved in challenging statement
9) The extent to which that difficult would prejudice the party facing it

Question 16

What is a prime example of interests of justice case failing?

Answer 16

Where witness reluctant to come to court to give evidence not to relive trauma of sexual assaults

Question 17

Can the Court rely on interests of justice if they did not take reasonable steps to find or secure witness?

Answer 17

Nope.