W7 A&Q

Question 1

What is the evidential principles for criminal proceedings?

Answer 1

1. Subject to the exclusionary rules.
2. All Evidence, which is sufficiently relevant to the facts in issue, is admissible.
3. All evidence which is irrelevant to the facts in issue should be excluded.

Question 2

Are all relevant evidence in a criminal proceedings admissible?

Answer 2

NO!

If an exclusionary rule applies it does not matter how relevant the evidence in question may be, it will be inadmissible

Question 3

What is general rule of hearsay ?

Answer 3

General rule: Hearsay is inadmissible (an exclusionary rule).

Therefore,

A statement made out of court may not be presented in evidence as proof of its content.

Question 4

What are the 2 questions asked when tackling potential hearsay?

Answer 4

1. Does the evidence fall within the definition of hearsay evidence?
2. Does it fall within one of the exceptions to the general exclusionary rule?

Question 5

When is hearsay admissible?

Answer 5

A statement not made in oral evidence in the proceedings is admissible as evidence of any matter, if it falls within one of the exceptions in s.114(1) CJA:

1. any provision of this chapter of any other statutory provision makes it admissible
2. any rule of law preserved by section 118 makes it admissible
3. all parties to the party agree to it being admissible

or

4. the court is satisfied that it is in the interests of justice for it to be admissible

Question 6

What is the definition of ‘statements’ in a criminal proceeding?

Answer 6

A statement is any representation of fact or opinion made by a person by whatever means and it includes a representation made in

• a sketch,
• photofit
• or other pictorial form.

Question 7

What is the definition of ‘matter stated’ in a criminal proceeding?

Answer 7

The purpose or one of the purposes of the person making the statement appears to the court to have been:

1. to cause another person to believe the matter

or

2. to cause another person to act or a machine to operate on the basis that the matter is as stated.

Question 8

How do you determine whether a communication is hearsay?

Answer 8

Using the 3 part test in R v Twist [2011]:

1. identify what relevant fact (matter) is sought to prove.
2. Ask whether there is a statement of that matter in the communication.
   
   • if no, then no question of
     hearsay arises (whatever
     other matters may be
     contained in the
     communication)
3. if yes, ask whether it was one of the purposes (not necessarily the only or dominant purpose) 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 = hearsay
   • if no = it is not hearsay.

Question 9

What is the definition of hearsay?

Answer 9

A statement is:

1) made out of court and

2) the person that made it intended another person to believe it and

3) It is adduced as evidence of the matter stated (s.114) and s.155 CJA