Hearsay (incomplete)

Question 1

Define hearsay

Answer 1

an out of court statement used as evidence of the truth of the matters stated

Question 2

What does s115 CJA 2003 say?

Answer 2

A hearsay statement is any representation of fact or opinion made by a person by whatever means

Question 3

What does s115 include?

Answer 3

a representation made in a sketch, photofit or any other pictorial form

Question 4

When is a matter stated one to which this chapter applies?

Answer 4

If it is made with the purpose of causing another person to believe the matter or cause another person to act or a machine to operate on the basis that the matter is as stated

Question 5

What are the two elements to hearsay?

Answer 5

The statement and the intention behind it

Question 6

What if they didnt say it with the correct intention?

Answer 6

Then it is simply normal evidence

Question 7

Are hearsay statements prima facie admissible?

Answer 7

No

Question 8

Why are hearsay statements not usually admissible?

Answer 8

Because they don’t appear in court and cannot be cross examined on what they claim to be true.

Question 9

What does the hearsay evidence have to do in order to be admissible?

Answer 9

Pass through one of the gateways