hearsay (week 7) Flashcards
what is hearsay?
an out of court statement by a person which is intended for the truth of its contents
what are the rules in R v Twist and others for the rules on whether it is hearsay or not?
- identify what the relevant fact it is sought to prove
- ask whether there is a statement of that matter in communication. If no, then no question of hearsay arises.
- If YES, ask whether it was one of the purposes of the maker of the communication that the recipient, or any other person, should believe that matter or act upon it as true? If YES – it’s hearsay, if NO, then it is not.
is private diary hearsay?
no - writer didn’t intend for anyone to read it
is CCTV hearsay evidence?
piece of evidence is created entirely by a device without any human input – hearsay is only if MADE BY A PERSON
is a question hearsay?
no as there is no statement in the matter
if a party adduces evidence of what was said out of court while asserting that it is not true = is their evidence hearsay?
no - this is falsehood and is not hearsay evidence
is a promise or threat hearsay evidence?
no they are not
if a statement is made automatically by a machine is it hearsay evidence?
no but if the machine evidence is a result of human input then the hearsay rule would apply
when are hearsay statements admissible if any of the 5 conditions are met (cases where witness is unavailable) (DIALS)?
Dead
Ill
Abroad
Lost
Scared
can anonymous hearsay be admitted?
no - cant use cases where witness is unavailable (S116) to introduce anonymous hearsay.
if D has intimated the witness (proven or court believes to high degree) then can D complain on fair trial that can’t cross examine witness?
No they cannot argue their right to fair trial has been infringed because they couldn’t cross examine witness
what does document mean for purposes of s117 business and other documents in hearsay evidence?
Wording of documents is wide and covers anything in which information of any description is recorded. Covers a lot of documents which are not business documents eg, medical records, any statement written down by a police officer in the course of duty
what is res gestae (hearsay)?
statement made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded
are previous inconsistent statements admissible?
if the witness admits to have made them or it is proven that they made them
are previous consistent statements are admissible?
yes to rebut a suggestion or recent fabrication or as recent complaint evidence
if a witness’ evidence goes into court without the witness being there - what safeguards are in place?
S124 CJA 2003 allows an opposing party to put into evidence anything that could have been put to the witness to challenge credibility in cross-examination.
can a case depend wholly or partly on hearsay evidence?
can stop a case where case depends wholly or partly on hearsay evidence as conviction could be unsafe
what factors must the court consider when deciding whether to admit hearsay evidence into court? (9 factors)
- probative value
- what other evidence has been given
- how important the matter or evidence mentioned in context of case as a whole
- circumstances in which the statement was made
- reliability of maker of statement
- reliability of evidence on making of the statement appears to be
- whether oral evidence of the matter can be given
- amount of difficulty involved in challenging the statement
- extent of which that difficulty would be likely to prejudice the party facing it
when is notice required - when a party intends to introduce hearsay evidence? (4 situations)
- s.114(1)(d) (interests of justice);
- s.116 (witness unavailable);
- s.117(1)(c) (document prepared in contemplation of criminal proceedings); or
- s.121 (multiple hearsay
when do you not need to give notice to introduce hearsay evidence?
common law exceptions
what are the statute exceptions for hearsay (there are 4)?
o Unavailable witness (s116)
o Documents (s117)
o Previous inconsistent statements (s11
o Previous consistent statements
what are the common law exceptions to hearsay? (there are 5)
public information
reputation as to character
res gestae
expert evidence
confessions (if not excluded by PACE)
what are the time frames for serving notice on the court and every party for hearsay evidence? in the magistrates court?
20 business days after a not guilty plea in the magistrates’ court
what are the time frames for serving notice on the court and every party for hearsay evidence? in the crown court?
10 business days after a not guilty plea in the crown court
