Summary Hearsay. Flashcards
1
Q
What is hearsay?
A
An out of court statement offered to prove the truth of whatever to asserts.
2
Q
Is hearsay admissible?
A
Generally, no.
Sometimes referred to as the “rule against hearsay”. this is encapsulated in s.114(1) CJA 2003- specifies that hearsay is admissible but only if…
3
Q
When is hearsay admissible?
A
IF…
(a) any provision of ch 2 of the CJA 2003 makes it admissable.
(b) any rule of law preserved by s.118 makes it admissible.
(c) all parties to the proceedings agree to it being admissible, or
(d) the court is satisfied that it is in the interests of justice for it to be admissible.
