Evidence 2

Question 1

What is hearsay evidence ?

Answer 1

Witness repeating at trial something told to them

Question 2

What hearsay evidence is admissible ?

Answer 2

• If all party’s to proceedings agree to it being admissible or
• court is satisfied that it is in the interest of justice for it to be admissible.

Question 3

When else is hearsay admissible ?

Answer 3

• witness unavailable
• business and other documents

Question 4

What must be true for hearsay to be admissible if the witness is unavailable ?

Answer 4

1) oral evidence from this witness would have been admissible

2) person who made statement is identified to court

3) any of the following are true:
- person is dead
- person is unfit to be witness because of mental condition
- person outside uk
- cannot be found

Question 5

What must be true for business document exemption to hearsay evidence ?

Answer 5

1) oral evidence given in proceedings would be evidence of that matter

2) requirements of subsection 2 are satisfied
- received in course of business
- had knowledge of matter
- recurved in course of business
3) requirements of subsection 5 are satisfied

Question 6

What are exceptions to excluding hearsay ?

Answer 6

• Confession evidence
• res gestae evidence

Question 7

What is red gestae evidence ?

Answer 7

Statement made contemporaneously with an event will be admissible as an exception to the hearsay rule because of spontaneity

Question 8

What is confession evidence ?

Answer 8

A statement wholly or partly adverse to the person who made it, whether made to a person in authority or not.

Question 9

Under a 76 PACE on what grounds can a person challenge confession evidence ?

Answer 9

Can be challenged by:

• oppression -> (bullying, tortured, degrading treatment)
• unreliability -> (in consequence of anything said that is likely to render unreliable any confession that might be made)

Question 10

Under s 78 PACE how can they challenge admissibility ?

Answer 10

Court has discretion to exclude evidence on which CPS wishes to rely if court considers that admissibility would have an adverse effect on fairness of proceedings:

• police breach PACE
• confessions allegedly made outside of police stations

Question 11

What is the procedure for confession evidence in crown court ?

Answer 11

Admissibility of evidence determined by judge at trial within trial (voir dire) if ruled inadmissible jury will hear nothing about it

Question 12

What is the procedure for confession evidence in the magistrates court ?

Answer 12

Magistrates hold voir dire like crown court

Question 13

What are the gateways through which bad character can be raised ?

Answer 13

A) all parties agree

B) evidence is adduced by D or is given in cross examination answer

C) it is important explanatory evidence

D) it is relevant to an important matter in issue between D and prosecution

E) substantive privatise value in relation to an important matter in issue between D and co D

F) it is evidence to correct false impression given by D

G) D has made an attack on another persons character

Question 14

Under what grounds can gateway D be used ?

Answer 14

1) D has a propensity to commit an offence of the kind charged:
- same description
- same category
- factually similar

OR

2) D has a propensity to be untruthful
- pleads not guilty -> and is found guilty
- offence committed in untruthful manner.

Question 15

Does notice have to be given for bad character evidence ?

Answer 15

Notice of intention to admit must be given to both court and other parties

Question 16

Under s 103 when must bad character evidence not be admitted ?

Answer 16

Adverse effect on proceedings:
- jury likely to commit in bad character alone
- CPS using it to prop up weak case
- as a result of a lot of time passing