9.7 Hearsay and witnesses Flashcards
(16 cards)
Who first asks the witness questions?
Party who has called the witness
Called the examination in chief
What must the examination in chief ensure they do not do when asking the witness questions?
Must ensure that they do not asking leading questions
What is the second party that asks questions?
Advocate representing the other party
This is called cross-examination
Can the other party ask leading questions during the cross examination?
Yes
What do non-leading questions usually start with?
Who, what, when, why, how
The same principles of non-leading questions of witnesses applies to
Examination in chief and re-examination
What is hearsay evidence
Evidence that is given in court that is not a first hand account by the witness. Second hand account and considered to be less reliable
What is the test with hearsay?
Used to prove as true something said within it - ie. proving the truth of something that a party is relying on
A written or oral statement will be admissible if the original maker of the statement is identifiable but cannot be produced at court because
- the maker is dead
- unable to attend to due a physical or mental condition
- outside of the UK
- cannot be found despite steps to found them
- kept away from court due to fear
Cross examination can involve
Challenges to witnesses evidence and the use of leading questions (after the examination in chief)
Out of court statements will not be hearsay if they prove
Some other relevant fact
Documentary hearsay evidence can be admissible if it is created
In the course of trade, business or profession
Confessions are
Admissible hearsay evidence
Confessions obtained by oppression will not be
Admissible
A confession that results from things that might lead to an unreliable confession will not be
Admissible
The court can exclude evidence in the interest of ensuring the
Trial is fair
