Week 7- Hearsay

Question 1

Define hearsay

Answer 1

A statement is hearsay if:
o it is made out of court; and
o the person that made it intended another person to believe it; and
o it is adduced as evidence of the matter stated.

Question 2

In what circumstances can a spouse/civil partner of D be compelled to give evidence for the prosecution?

Question 3

What are the limitations on privilege against self-incrimination?

Question 4

What is examination in chief and what form of questioning should be used?

Question 5

Describe how a witness might refresh their memory

Answer 5

Must be outside of court- can’t have witness statement in front of them

Question 6

What is a hostile witness and how should they be treated?

Question 7

What is the general rule regarding the admissibility of a witness’ previous allegations against D?

Question 8

In what situations will evidence of previous allegations be admissible?

Answer 8

1. Res Gestae
2. D’s response to allegation by police
3. Previous complaints by complainant where complainant testifies that the earlier complaint was in fact made and was true (s.120 CJA)
4. As part of rebuttal of claim that witness is fabricating testimony

Question 9

In cross-examination, what happens if you don’t challenge an element of a witness’ account of events?

Question 10

In what circumstances is a police witness statement admissible?

Question 11

What is the rule on finality of collateral matters?

Answer 11

The rule of finality to collateral matters prevents trials from splintering into multiple insignificant disputes about credibility related matters collateral to the issues in the case.

Eg: If a witness to a bank robbery is asked in cross examination whether they once lied on a mortgage application and they say no, the defence would be prohibited from adducing evidence of the mortgage application because the matter was collateral to main issues and the answer “no” was final in the eyes of the law.

Question 12

What are the 3 stages of examination of a witness?

Answer 12

1. Examination in chief (by side who called witness)
2. Cross-examination (by other side)
3. Re-examination (by side who calld witness)

Question 13

What form of questioning can be used in cross-examination?

Question 14

What is the general rule regarding admissibility of hearsay evidence?

Question 15

What are the 4 groups of exceptions to the general rule against admissibility of hearsay?

s.114(1) CJA 2003

Answer 15

(a) Statute makes it admissible,
(b) any rule of law preserved by s.118 makes it admissible (i.e. preserved common law rules),
(c) Party agreement: 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.’

Question 16

Define what is a ‘statement’ for the purposes of the def of hearsay

Answer 16

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 (s.115(2))

Question 17

Give 3 pieces of evidence which are not hearsay and explain why

Answer 17

1. Private diary
2. CCTV
3. Questions

Question 18

With an example, list the Twist stages to deciding whether a piece of evidence is hearsay