Witness Evidence

Question 1

Opinion Evidence (admissibility of)
- perceived facts

Answer 1

s3(2) CEA 1972 - not in permitted materials

Perceived facts are where a combination of observations lead to the witness making a statement of perceived facts - e.g. he was drunk - so perceived facts based on behaviour

Question 2

Opinion Evidence (admissibility of)
- expert opinion

Answer 2

s3(1) CEA 1972 (not in permitted materials)

The court ultimately decides who is an expert. the experience of the expert does not need to be formal but an expert should be suitably qualified and experienced.

Question 3

Hearsay IS admissible

Answer 3

• written or oral statement
• made on previous occasion (out of court)
  which is being adduced in court
• to demonstrate the truth of the matter stated
  (think of it as bank-up evidence, what is the person trying to prove, hearsay evidence seeks to support a position)