Hearsay Notices - Drafting Flashcards
Who can introduce and exclude
Either party
Structure to introduce hearsay
1) Case details
2) Grounds
3) Details of hearsay
4) Facts on which you rely and how you will prove them
5) Reasons why the hearsay is admissible
Introduce hearsay - Grounds
Need to tick one of the boxes for reasons to introduce.
Will usually be:
1) The witness is unavailable to attend
2) It is in the interests of just for the evidence to be admissible
Introduce hearsay - Details of the hearsay evidence - Example
The prosecution wishes to adduce into evidence the statement of [NAME] dated the [DATE], copy attached.
Introduce hearsay - Facts on which you rely and how you will prove them
Here you need to set out any facts you need to prove which make the evidence admissible and if they are in dispute how you will prove them. E.g to determine whether or not the act took place or circumstances leading up to the act such as an argument took place which caused the act and you need a statement from someone who heard it or witnessed it
Introduce hearsay - Facts on which you rely and how you will prove them - Example
The Prosecution need to prove that there was an argument that took place at the home of the aggrieved party that resulted in the defendant, throwing a television remote control at her and hitting her head. The defendant in his police interview stated that no such argument took place on the night in question. However, the aggrieved party’s neighbour, heard a man shouting and a woman screaming from the aggrieved party’s home.
Introduce hearsay - Reasons why it is admissible
Need to reference grounds you’re relying on e.g don’t want to give oral evidence through fear, interests of justice. WILL USUALLY BE INTERESTS OF JUSTICE
Introduce hearsay - Reasons why it is admissible - Example fear
For the purposes of s116(2)(e) it is through fear that [NAME OF WITNESS] will not give oral evidence in these proceedings, either at all or in connection with the subject matter of her attached statement. This is evident from her statement where she states:
Introduce hearsay - Reasons why it is admissible - Example Interests of justice
‘The statement is important as it corroborates the statement of the aggrieved party, and undermines the account put forward by the defendant, in his police interview.’
Need to state what they will give evidence on e.g they heard shouting by the defendant. If there are no other corroborating witnesses to the circumstances which led to the act. Need to state if they gave the statement soon after the event so it was fresh in their mind. Need to state that there is no reason for them to lie e.g they were neighbours, no evidence to show they were friends.
Structure excluding hearsay
1) Case details
2) Grounds for objecting
3) Facts in dispute
4) Reasons for objecting
Excluding hearsay - Grounds for objecting
Need to tick one of the following:
1) Evidence is not admissible
2) Object due to other reasons
Click box one if the evidence shouldn’t of been allowed under grounds
Excluding hearsay - Facts in dispute
Here need to state which facts are in dispute - so if the defendant is denying the crime which facts in the hearsay do they deny
Excluding hearsay - Facts in dispute - Example
That there was any shouting from a male or screaming form a female coming from [NAME] house on [DATE]
Excluding hearsay - Reasons for objecting
Either need to explain that it is not admissible by reference to the grounds for hearsay or any other objection e.g cannot establish that the witness is in fear and it’s not in the interests of just to give leave to the hearsay
Excluding hearsay - Reasons for objecting - Example under S. 116(2)(e) - where witnesses are unavailable
For the purposes of s116(2)(e) it either (i) cannot be established by the prosecution that [NAME] is in fear or (ii) the court should not give leave to admit her hearsay evidence as it is not in the interests of justice to do so.
