Hearsay Statements

Question 1

Section 18, Evidence Act 2006

Answer 1

A hearsay statement is admissible if:

(a) the circumstances relating to the statement provide reasonable assurance that the statement is reliable, and

(b) either -
(i) the maker of the statement is unavailable as a witness, or
(ii) the Judge considers that undue expense or delay would be caused if the maker were to be required as a witness

Question 2

Factors to record that may demonstrate this reliability

Answer 2

(1) Nature of the statement
(2) Contents of the statement
(3) Circumstances relating to the making of the statement
(4) Circumstances relating to the veracity of making the statement
(5) Circumstances relating to the accuracy of the observation of the person