Full and in-depth structure and notes on hearsay evidence. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on hearsay evidence Contains extensive but easily compre...
IS IT RELEVANT?
Firstly, for any evidence to be admissible, it must be relevant (O’Brien v Chief Constable of South Wales Police)
APPLY – Is it relevant AND why? (Y/N)
If no it is not admissible (and should be excluded from the witness evidence)
If yes it will be admissible, whether it is hearsay or not.
DEFINE HEARSAY EVIDENCE:
S1(2)(a) Criminal Evidence Act hearsay is a statement made by a person outside of the courtroom which is then repeated at
trial by an individual giving oral evidence to prove the truth of the matter stated outside of the court.
IS IT HEARSAY?
1. Does the evidence consist of oral or written statement which was made outside the courtroom?
2. Is the statement, being repeated in court, being presented to the court to prove that the statement is true (if it is
being repeated to show the statement was made/to convey a person’s state of mind/it is an opinion/it is an
expert’s opinion from a non-expert = not hearsay)
NOTE: The general rule is that opinion evidence is not admissible unless it is a personally perceived fact.
3. It the statement one of fact or opinion?
= if it was made outside the courtroom, was repeated in court to prove the statement is true and is not an opinion =
hearsay.
NOTE: If the evidence is not hearsay – still go on to say whether it is admissible or not.
IS IT ADMISSIBLE?
Hearsay evidence is admissible.
It will be admissible so long as- (APPLY):
1. It is relevant.
2. It is fact and not opinion (unless fact is personally perceived)
3. It is not expert opinion from a non-expert
WANTING TO ADDUCE HEARSAY EVIDENCE AT TRIAL:
S2 CEA 1995 – a party proposing to bring hearsay evidence must notify the o/s and, on request, give particulars of the
evidence.
The rules under r33.2 also must be complied with and set out how hearsay evidence can be adduced:
There are two ways for a party who wishes to adduce hearsay evidence at trial to notify the o/s:
A witness statement which contains hearsay is served on the o/s, and that witness who produced the statement is
to give oral evidence at trial, the party complies with s2(1)(a) CEA by giving notice of the use of hearsay by simply
serving the witness statement on the o/s.
A witness statement is served on the o/s and the serving party does not intend to call upon that witness to give oral
evidence at trial, and so the serving party must:
(a) inform the other parties that the witness is not being called to give oral evidence; and
(b) give the reason why the witness will not be called.
The party proposing to rely on the hearsay evidence must—
(a) serve the notice no later than the latest date for serving witness statements; and
(b) if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.
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