Hearsay - Introduction Flashcards
What is the general rule on Hearsay evidence?
It may not be presented in evidence as proof of its content
Which rule does hearsay evidence fall under?
The exclusionary rule
What are the questions that must be asked if you suspect evidence is hearsay?
1) Does it fall within the definition of hearsay evidence?
2) Does it fall within one of the exceptions to the general exclusionary rule?
Why is hearsay typically excluded?
As the maker of out of court statement is not available to be cross-examined
How does hearsay evidence go against ECHR?
It damages a D’s right to a fair trial
Where hearsay evidence is critical to a case, what questions must the Court ask to see if there can be a fair trial if admitted?
1) Whether good reason to admit it
2) Whether evidence can be shown to be reliable
3) The extent of counterbalancing measures have been applied
What counterbalancing measures can be applied for hearsay?
- Proper directions to the jury
- Exclusionary discretion
Under what circumstances can hearsay evidence be admitted?
1) Statute makes it admissible
2) Rule of law s118 makes it admissible
3) All parties agree to it being admissible
4) Court is satisfied it is in the interests of justice for it to be admissible
Any one of these.
What is a statement for the purposes of hearsay?
Representation of fact or opinion made by a person by whatever means
What is a matter for the purposes of hearsay?
The purpose of the statement appears to have been:
A) To cause another to believe the matter
B) To cause another or machine to operate on the basis that the matter is stated
How many limbs to the question of: Is it hearsay?
Three
What are the limbs of the question: Is it hearsay?
1) Identify what relevant fact (matter) it is sought to prove
2) Is there a statement of that matter in the communication?
a. If no, not hearsay
3) If yes, whether it was one of the purposes of the maker to make believe that matter or act upon it as true
a. If yes, hearsay
b. If no, not hearsay
Is private diary hearsay evidence?
No
Is a CCTV recording hearsay?
No
Can a question constitute as hearsay?
No
If a drug dealer sent a text asking someone if they wanted drugs, is that hearsay?
No
Could evidence of works spoken out of court be admissible as original evidence?
Yes, speaking out of court is not necessarily hearsay evidence.
Is it hearsay if a party adduces evidence of what was said out of court while asserting that it is not true?
No
