Hearsay evidence

Question 1

What is the general rule regarding calling a witness to support your case at trial?

Answer 1

A witness must attend court and give live evidence; simply reading their statement would be considered hearsay and generally not allowed.

Question 2

What is the definition of hearsay evidence in criminal law?

Answer 2

Hearsay is a statement not made in oral evidence at trial, which is used to prove the truth of the matter stated.

Question 3

Why is hearsay generally not allowed in criminal trials?

Answer 3

Because it denies the defendant the opportunity to cross-examine the witness, which can undermine the fairness of the trial.

Question 4

List four key situations where hearsay evidence can be admitted in criminal proceedings.

Answer 4

1) The witness is dead or unfit;
2) The witness is outside the UK;
3) The witness is missing;
4) The witness is too afraid to testify.

Question 5

Name three additional grounds for admitting hearsay evidence aside from witness unavailability.

Answer 5

(1) Statements by experts, 2) Statements made by a victim shortly before death (res gestae), 3) Previous inconsistent statements.

Question 6

When can previous inconsistent statements be admitted as hearsay evidence?

Answer 6

When a witness’s testimony at trial contradicts their earlier statement, and the earlier statement better reflects the truth.

Question 7

What must be done if a party wishes to introduce hearsay evidence at trial?

Answer 7

A formal notice must be given, explaining the grounds for admitting the hearsay and providing the necessary supporting details.

Question 8

In the example where a man drunkenly admitted to killing his wife in a pub, why is the admission admissible at trial?

Answer 8

Because it is a confession by the accused, which is an exception to the hearsay rule.

Question 9

What are the main exceptions that allow hearsay evidence to be admitted in criminal trials?

Answer 9

1. Witness Unavailability:
   * Witness is dead.
   * Witness is mentally or physically unfit.
   * Witness is outside the UK and cannot attend.
   * Witness cannot be found despite reasonable efforts.
   * Witness is too frightened to testify.
   2. Expert Reports:
      * Statements made by an expert as part of their expert evidence.
2. Statements Made Shortly Before Death (Res Gestae):

• E.g., victim identifies the attacker just before dying.

4. Previous Inconsistent Statements:

• Earlier statements admitted when a witness changes their testimony at trial.

5. Previous Consistent Statements:
   
   • Statements used to refresh a live witness’s memory during trial.
6. Confessions:
   * Any admission made by the defendant against their own interest.
7. Statements Made in Furtherance of a Conspiracy:

• E.g., robbers naming the getaway driver during the crime.

8. Interests of Justice:
   * If the court deems it fair and necessary for justice to admit the hearsay.