W13 Hearsay evidence (Blackstones)

Question 1

When is evidence admissible?

Answer 1

All evidence which is sufficiently relevant to facts in issue is admissible.

All evidence which is irrelevant should be excluded.

• Not all relevant evidence is admissible.
• If an exclusionary rule applies it does not matter how relevant evidence is, it will still be inadmissible.

Question 2

What is hearsay?

Answer 2

• A statement made out of court may not be presented in evidence as proof of its own contents.
• General rule: hearsay is inadmissible (an example of an exclusionary rule).

Question 3

Is hearsay admissible?

Answer 3

No

unless one of the excpetions apply

Question 4

What are the two key questions which should be asked regarding hearsay?

DO NOT attempt to tackle both Qs at once - this will lead to confusion.

Answer 4

1. Does the evidence fall within the definition of hearsay evidence? If the answer is ‘yes’, then it is prima facie inadmissible.
2. Does it fall within one of the exceptions to the general exlusionary rule?

Question 5

Other than oral evidence given in court

Common law on statements

Answer 5

• Excluded statements other than statements made in oral evidence given in court from being admitted as evidence of the truth of their contents.
• This was because the maker of the out of court statement was not available to be cross-examined so the quality of the evidence could not be tested.

Question 6

Common law on sta