Hearsay

Question 1

what is the definition of hearsay?

Answer 1

o Made out of court +
o Relied on to prove truth +
o Statement maker’s purpose was to cause another to believe the fact

Question 2

what form can hearsay take?

Answer 2

can take any form i.e. word, pictorial

Question 3

what is the position regarding the admissibility of hearsay evidence?

Answer 3

Hearsay is inadmissible. It only becomes admissible if one of the excepted categories can be relied upon

Question 4

what are the grounds upon which hearsay evidence can be admitted?

Answer 4

o agreement
o statutory provision
o common law
o interests of justice

Question 5

explain the ‘agreement’ ground

Answer 5

any hearsay admissible if agreed

Question 6

what are the statutory provisions upon which hearsay evidence can be admitted?

Answer 6

o W cannot attend court
o hearsay in documents
o documents created in connection with criminal proceedings

Question 7

re: statutory provisions

what conditions must be satisfied for hearsay evidence to be admissible where W cannot attend court?

Answer 7

1. Would be 1st hand hearsay in oral evidence;
2. The court has identified the statement maker; and
3. W cannot give evidence because:
   * they are dead
   * unfit
   * outside UK & not practicable
   * cannot be found after looking
   * fear (+ court give leave as it’s in the interests of justice)

Question 8

re: statutory provisions

what conditions must be satisfied for hearsay evidence to be admissible where the hearsay is in a document?

Answer 8

• Document created/received in their occupation/as an office holder
• Person who supplied the hearsay had personal knowledge of matter
• If multiple hearsay, each person passing it on received it in their occupation/as an office holder

Question 9

re: statutory provisions

what conditions must be satisfied for hearsay evidence to be admissible where the hearsay is in a document created in connection with criminal proceedings? Give an example of this type of document.

Answer 9

The same conditions as hearsay in other documents, i.e.:
* Document created/received in the course of business
* Person who supplied the hearsay had personal knowledge of matter
* If multiple hearsay, each person passing it on received it in the course of business

plus:
* W unavailable (i.e. dead, unfit, outside UK etc.) or couldn’t be expected to remember

example: list of stolen items from shop given to police

Question 10

re: common law

what are the common law grounds?

Answer 10

o Confession
o Res gestae

Question 11

re: common law

explain confession

Answer 11

hearsay confession evidence admissible if it proves guilt

Question 12

re: common law

explain re gestae

Answer 12

hearsay admissible if made res gestae (i.e. spontaneously + contemporaneously with the event)

Question 13

re: interests of justice

explain this and the applicable factors (9)

Answer 13

this gives the court a wide discretion to admit hearsay evidence

the court must have regard to:
* Probative value (= likelihood to evidence a relevant fact)
* Value for understanding other evidence
* Other evidence on the issue
* Importance of the issue
* Circumstances of statement
* Reliability of statement maker
* Whether oral evidence can be given + if not why
* Extent of prejudice to other party
* D’s right to a fair trial

Question 14

what are examples of hearsay evidence in criminal proceedings?

Answer 14

o W repeating what they were told by another person
o Statement from W being read out, rather than W giving oral evidence
o Police officer at trial repeating a confession made by D
o Business document being introduced as evidence