Heresay

Question 1

Representation means:

Answer 1

(a) an express or implied representation (whether oral or in writing), or
(b) a representation to be inferred from conduct, or
(c) a representation not intended by its maker to be communicated to or seen by another
person, or
(d) a representation that for any reason is not communicated.

Question 2

Hearsay means:

Answer 2

Colloquially it refers to information gathered by word of mouth rather than in writing or by
experience, usually with the implication that it may be unreliable.

Question 3

Hearsay in plain language

Answer 3

From a policing perspective, hearsay most often involves information a witness (police or civilian) knows because they were told about it from someone else its that information the witness did not perceive first hand with their own senses. Their knowledge of the information comes from another person or another source and is therefore second hand and less reliable than the information the person who actually perceived it first hand can give.

Question 4

Inferences:

Answer 4

• A conclusion in the mind based on what you have heard

Question 5

Previous representation:

Answer 5

• Anything said before court proceedings that was relevant to the offence.

Question 6

Why hearsay is excluded in court:

Answer 6

• The truth of the statement cannot be tested unless the person who made the statement is called to give evidence and be cross examined.
• If a hearsay witness dies or does not appear the before court, prosecution must apply for the their statement to be used in court.

Question 7

Admissibility of hearsay:

Answer 7

• Hearsay evidence is generally not admissible.
• It is not your role to determine what is or is not admissible or relevant. That is the exclusive domain of the court and the
Judiciary.
• As a PO you must justify why you may have searched someone.

Question 8

Exceptions to Hearsay Evidence (FATBITCH):

Answer 8

F – First hand hearsay, person unavailable s. 65 EA
A – Admissions s. 81 EA
T – Tags, labels and writing s. 70 EA
B – Business records s. 69 EA
I – Identification of a person, place or thing s. 66 EA
T – Telecommunication and electronic records s. 71 EA
C – Contemporaneous notes about a person’s health s. 66A EA
H – Hearsay for non-hearsay purposes s. 60 EA

Question 9

s60 Evidence Act:

Answer 9

Hearsay for Non- Hearsay Purpose:

Hearsay entered into evidence for a non-hearsay purpose may then be used by the jury for it’s hearsay purpose.