Hearsay

Question 1

3 elements of hearsay evidence

Answer 1

1) a statement
2) not made in oral evidence
3) adduced to prove the matter stated

Question 2

2 possible purposes of the matter stated within hearsay

Answer 2

1) to cause another person to believe the matter

2) to cause another person or machine to operate on the basis that the matter is as stated

Question 3

2 exceptions to “matters stated”

Answer 3

1) statements relevant to facts in issue (e.g., going to the state of mind of the recipient of the statement)
2) statements which are facts in issue (e.g., threats to kill)

Question 4

s.114(1)(d) CJA 2003

Answer 4

Interests of justice

Question 5

s.116 CJA 2003

Answer 5

Unavailable witnesses

Question 6

s.116(2)(a) CJA 2003

Answer 6

Person is dead

Question 7

s.116(2)(b) CJA 2003

Answer 7

Person unfit due to bodily/mental condition

Question 8

s.116(2)(c) CJA 2003

Answer 8

Person outside UK and not reasonably practicable to secure attendance

Question 9

s.116(2)(d) CJA 2003

Answer 9

Cannot be found - reasonably practicable steps taken

Question 10

s.116(2)(e) CJA 2003

Answer 10

Fear

Question 11

s.117 CJA 2003

Answer 11

Business or other documents

Question 12

s.118 CJA 2003

Answer 12

Common law (including res gestae)

Question 13

s.121 CJA 2003

Answer 13

Multiple hearsay

Question 14

3 necessary conditions under s.116 (unavailable witnesses)

Answer 14

1) evidence would be admissible if given orally
2) maker identified to court’s satisfaction
3) reason is one of those listed in s.116(2)

Question 15

3 necessary conditions under s.117 (business or other documents)

Answer 15

1) evidence would be admissible if given orally
2) document created/received by person in the course of a trade/business etc. (AND all those through whom it passed were also acting within trade etc.)
3) supplier of document had personal knowledge of the matters dealt with

Question 16

2 routes to admission if document that was prepared for criminal proceedings is sought to be adduced under s.117

Answer 16

1) relevant person is absent for a reason within s.116; OR

2) relevant person cannot reasonably be expected to remember

Question 17

Four hearsay safeguards

Answer 17

s. 123 - capability (only applies to ss.116,119,120)
s. 124 - credibility (can adduce evidence in response)
s. 125 - power to stop a case
s. 126 - general exclusionary discretion

Question 18

Deadline by which prosecution must serve notice of hearsay in Magistrates Court

Answer 18

28 days after not guilty plea

7 longer than a bad character notice in the mags

Question 19

Deadline by which prosecution must serve notice of hearsay in Crown Court

Answer 19

14 days after not guilty plea

same as notice of bad character evidence

Question 20

Two hearsay provisions to which the notice requirements (including time limits) do NOT apply

Answer 20

s. 118 (common law - res gestae)

s. 120

Question 21

Deadline for serving objection to other side’s notice to adduce hearsay

Answer 21

14 days