Topic 8 - Evidence - Hearsay

Question 1

What is hearsay evidence?

Answer 1

A statement made out of court that may not be presented in evidence as proof of its contents.

Hearsay is generally inadmissible due to the inability to cross-examine the maker of the statement.

Question 2

What is the general rule regarding hearsay evidence?

Answer 2

Hearsay is inadmissible as it is an example of an exclusionary rule.

Question 3

What are the two questions to ask when addressing potential hearsay evidence?

Answer 3

1. Does the evidence fall within the definition of hearsay evidence? 2. Does it fall within one of the exceptions to the general exclusionary rule?

Question 4

What is the rationale behind the exclusion of hearsay evidence?

Answer 4

The maker of the out of court statement is not available for cross-examination, preventing the testing of the evidence’s quality.

Question 5

What is the Criminal Justice Act (CJA) 2003’s stance on hearsay evidence?

Answer 5

Hearsay is generally inadmissible unless it falls within one of the exceptions outlined in s.114(1) of the CJA 2003.

Question 6

List the four exceptions to the general exclusionary rule against hearsay as per CJA 2003.

Answer 6

• Any statutory exceptions apply
• Any common law exceptions preserved apply
• All parties agree to its admissibility
• The court finds it in the interests of justice to admit it

Question 7

What does s.115 of the CJA 2003 define as a statement?

Answer 7

Any representation of fact or opinion made by a person by whatever means, including sketches or pictorial forms.

Question 8

What must be established to determine if a communication is hearsay according to R v Twist?

Answer 8

1. Identify the relevant fact sought to prove. 2. Ask if there is a statement of that matter. 3. Determine if the maker intended for the recipient to believe or act on it.

Question 9

Give an example of evidence that is not considered hearsay.

Answer 9

A private diary entry where the writer did not intend for anyone else to read it.

Question 10

What is the significance of the case Ratten v R regarding hearsay?

Answer 10

Evidence of a 999 call made by the deceased was admitted to show the state of mind at the time of death.

Question 11

What does s.116 of the CJA 2003 address?

Answer 11

It outlines when a statement not made in oral evidence is admissible based on the unavailability of the witness.

Question 12

What are the conditions under which a witness is considered unavailable according to s.116?

Answer 12

• The witness is dead
• The witness is unfit due to bodily or mental condition
• The witness is outside the UK and attendance is impractical
• The witness cannot be found
• The witness is afraid to testify

Question 13

What does ‘fear’ entail under s.116(3) of the CJA 2003?

Answer 13

Fear is widely construed and includes fear of death, injury to another, or financial loss.

Question 14

True or False: Hearsay evidence can be admitted if it is the sole evidence against the accused.

Answer 14

False. It is harder for the court to ensure a fair trial if hearsay is the sole evidence.

Question 15

What are the three principal factors affecting the fairness of a trial concerning hearsay evidence?

Answer 15

• Good reason to admit the evidence
• Reliability of the evidence
• Extent of counterbalancing measures applied

Question 16

Fill in the blank: The main reason for excluding hearsay evidence is that the maker of the statement is not available for _______.

Answer 16

cross-examination

Question 17

What does the term ‘original evidence’ refer to in the context of hearsay?

Answer 17

Evidence of words spoken out of court that is admissible to show that the words were spoken, not their truth.

Question 18

What is an example of legally significant words that are not hearsay?

Answer 18

An offer of sexual services in exchange for money to establish that a location is a brothel.

Question 19

What is the significance of statements made during police interviews regarding hearsay?

Answer 19

Evidence of what was said can be admitted to explain the defendant’s actions, not to assert the truth of the statements.

Question 20

What does section 19 of the Youth Justice and Criminal Evidence Act 1999 address?

Answer 20

Special measures for the giving of evidence by fearful witnesses

It allows directions to be made in relation to relevant persons and circumstances.

Question 21

Is it necessary for the fear felt by a witness to be caused by the defendant?

Answer 21

No, there is no requirement for the fear to be caused by the defendant.

Question 22

What was the view taken by the Court of Appeal in Shabir [2012] regarding witness attendance?

Answer 22

Every effort should be made to get the witness to court to test the issue of ‘fear’.

Question 23

Why should police officers not assure a witness that their statement can be read if they are afraid to attend court?

Answer 23

This would provide the witness with an obvious incentive to claim they are in fear.

Question 24

What must be established for the court to be satisfied that a witness does not give evidence through fear?

Answer 24

A causative link between the fear and the failure to give evidence must be established.

Question 25

What did the Court of Appeal clarify in Sellick [2005] about witness intimidation?

Answer 25

If intimidation is clearly proved, the defendant cannot complain about the right to a fair trial regarding cross-examination.

Question 26

What does section 117 of the CJA 2003 state about statements in documents?

Answer 26

A statement in a document is admissible if oral evidence would be admissible and certain requirements are satisfied.

Question 27

What are the requirements of subsection (2) in section 117 of the CJA 2003?

Answer 27

* The statement was created or received in the course of a trade or profession * The relevant person had personal knowledge of the matters * The information was received in the course of a trade or profession.

Question 28

What types of documents does section 117 cover?

Answer 28

* Medical records * Statements written by police officers in the course of duty.

Question 29

What conditions must be satisfied for documents prepared for criminal proceedings to be admissible?

Answer 29

* One of the five conditions in section 116 is satisfied * The person supplying the information cannot reasonably be expected to recall the matters.

Question 30

What factors can lead to the exclusion of evidence under sections 117(6) and (7)?

Answer 30

* Contents of the statement * Source of the information * Circumstances of how information was supplied * Circumstances of how the document was created.

Question 31

What does section 114(1)(d) of the CJA 2003 allow regarding hearsay evidence?

Answer 31

Admission of hearsay evidence if it is in the interests of justice.

Question 32

What factors must the court consider under section 114(2) when deciding on the admission of evidence?

Answer 32

* Probative value of the statement * Other evidence available * Importance of the matter in context * Circumstances of the statement * Reliability of the maker * Reliability of the evidence of the statement * Availability of oral evidence * Difficulty of challenging the statement * Potential prejudice to the opposing party.

Question 33

What is a hearsay statement?

Answer 33

A statement made out of court intended for another person to believe it, adduced as evidence.

Question 34

What are the four exceptions to the hearsay exclusionary rule according to section 114(1)?

Answer 34

* Statutory exceptions apply * Common law exceptions apply * All parties agree * Court admits hearsay in interests of justice.

Question 35

What types of public information are admissible as hearsay?

Answer 35

* Published works * Public documents * Court records.

Question 36

What is the res gestae rule?

Answer 36

A statement made by a person emotionally overpowered by an event is admissible if it can be disregarded for concoction.

Question 37

What does section 119 of the CJA 2003 state about previous inconsistent statements?

Answer 37

They are admissible as evidence of the matter stated if admitted or proved.

Question 38

What does section 120 of the CJA 2003 say about previous consistent statements?

Answer 38

They are admissible to rebut suggestions of fabrication or as recent complaint evidence.

Question 39

What is the rule regarding multiple hearsay according to section 121?

Answer 39

Not admissible to prove an earlier hearsay statement unless exceptions apply.

Question 40

What does section 124 allow regarding the credibility of hearsay?

Answer 40

Opposing party can introduce evidence that could be used to challenge credibility in cross-examination.

Question 41

What does section 125 permit regarding unconvincing hearsay?

Answer 41

Judge can stop the case if hearsay evidence is so unconvincing that a conviction would be unsafe.

Question 42

What does section 126 allow the court to do regarding statements?

Answer 42

Refuse to admit a statement if the case for excluding it outweighs the case for admitting it.

Question 43

What must the jury be reminded of regarding hearsay statements?

Answer 43

They were not given on oath and were not tested in cross-examination.

Question 44

What does Part 20 of the Criminal Procedure Rules apply to?

Answer 44

The admission of hearsay evidence.

Question 45

What notice is required for introducing hearsay evidence?

Answer 45

* Identify the hearsay evidence * Set out facts making it admissible * Explain how those facts will be proved.

Question 46

What must be included in the notice to introduce hearsay evidence?

Answer 46

Identify the hearsay evidence, set out the facts for admissibility, explain proof of those facts, explain admissibility reasons ## Footnote The notice must clearly outline the basis for including hearsay evidence.

Question 47

What is the time frame for prosecution to serve notice after a not guilty plea in the magistrates' court?

Answer 47

20 business days ## Footnote This time frame ensures timely communication regarding the introduction of hearsay evidence.

Question 48

What is the time frame for prosecution to serve notice after a not guilty plea in the Crown Court?

Answer 48

10 business days ## Footnote This time frame is shorter than in the magistrates' court, reflecting different procedural requirements.

Question 49

When must a defendant serve notice regarding hearsay evidence?

Answer 49

As soon as reasonably practicable ## Footnote This emphasizes the need for prompt action by the defendant in response to hearsay evidence.

Question 50

What must a party do to oppose hearsay evidence?

Answer 50

Serve an application on the court and every other party ## Footnote This is necessary to formally register an objection to the hearsay evidence.

Question 51

What is the deadline for opposing hearsay evidence after receiving notice?

Answer 51

Not more than 10 business days after the latest of: service of the notice, service of the evidence, or defendant pleads not guilty ## Footnote This provides a clear timeline for objection to be made.

Question 52

What must the application to oppose hearsay evidence explain?

Answer 52

Disputed facts, reasons for inadmissibility, any other objections ## Footnote This ensures that the opposing party provides a comprehensive rationale for their objection.