Admissibility of hearsay Flashcards
Generally, is hearsay admissible in criminal proceedings?
No
Briefly explain the difference between single and multiple hearsay
Single - where someone records something they heard someone else say
Multiple - where the relay happens through more than one person before it’s recorded
Name the four exceptions to single hearsay in criminal proceedings?
- Rule of law (aka s118 common law exceptions)
- Interests of justice
- Agreement of the parties
- Statute
What is the main rule of law exception for hearsay?
Res gestae - where the witness was so emotionally overpowered that the possibility of concoction can be disregarded e.g. a panicked 999 call
Give three other rule of law exceptions to hearsay
- Public information
- Confessions
- Experts referring to other experts in their field
Give 8 factors the court will consider to determine if admitting hearsay would be in the interests of justice
- Probative value
- Prejudicial if not admitted
- Important to understand other evidence
- Availability of other evidence
- Circumstances in which the statement was made
- Reliability of statement maker and the evidence
- Whether oral evidence can be given
- Difficulty in challenging the evidence
What are three main statutory exceptions to the rule against hearsay?
- Unavailable witness
- Business documents
- Previous consistent/inconsistent statements
Describe the five ways a witness will be deemed ‘unavailable’ by statute
- Dead
- Unfit
- Outside the UK and not reasonably practicable to secure attendance
- Unable to locate despite reasonably practicable steps taken
- Witness’s fear, which is given leave by the court
What are the four exceptions to allow admission of multiple hearsay?
- Business document
- Previous consistent/inconsistent statements
- Agreement of parties
- Interests of justice
