What best describes hearsay?
A statement made out of court, that the person who made it intended another to believe, subsequently tendered in evidence, as proof of the matter stated
In which of the following instances does the court have a discretion to exclude otherwise admissible hearsay?
If the statement’s reliability is doubtful
The court has an exclusionary discretion in relation to business etc documents to exclude if it is satisfied that the statement’s reliability is doubtful (s.117(6) and(7)
What does it mean in relation of unfitness of a person to be a witness?
Unfitness relates to the ability of a witness to give evidence in court
Unfitness to be a witness under section s.116(2) Criminal Justice Act 2003 because of their bodily or mental condition refers not to their fitness to physically attend court but to their ability to give evidence once there. There is no requirement that the condition which makes a person unfit is a medical condition.
What is a statutory exception to the rule against hearsay rather than a common law exception preserved under the Criminal Justice Act 2003?
Previous statements of a witness
What are common law exceptions to hearsay
- Body of expertise
- Public information
- Res gestae
- Confession
Where do you not need to give notice to introduce hearsay evidence?
Common law
Notice is not required under the common law exceptions preserved in s.118 Criminal Justice Act 2003.
When must the defendant serve notice of intention to introduce hearsay evidence?
As soon as reasonably practicable
When must the prosecution serve notice of intention to introduce hearsay evidence?
- not more than 20 business days after a not guilty plea in the magistrates’ court or
- not more than 10 business days after a not guilty plea in the Crown Court.
Which of the following best describes the evidential burden?
It is the burden to adduce evidence to satisfy the judge that an issue should be left to the tribunal of fact
How many years do judges in the crown court (circuit judges) have to have of experience?
SEVEN YEARS of experience to be a circuit judge in the Crown Court
- RECORDER/CIRCUIT JUDGE
What are recorders and circuit judges referred to/addressed?
“Your Honour”
What are high Court Judges referred to?
“My Lord/My Lady”
What is Counsel/Barristers refferred to?
My learned friend
What are Solicitors referred to
My friend
What are District Judges reffered to in Magistrate Court
Judge and need AT LEAST FIVE years experience
Who are ordinary witnesses
What is a competent witness
lawfully called to testify
Can D be compelled to give evidence on BEHALF of prosecution’s case?
NO, she cannot have a witness summoned for her to provide evidence on behalf of prosecution
Can a co-defendant be compellable and competent to provide evidence for the prosecution
No
When is a spouse compellable to provide evidence?
In cases with domestic violence and child abuse
witness summons cannot be issued if she is jointly charged with the D
Under s.114(1) hearsay is not admissible unless it falls into one of the four exceptions to the general exclusionary rule:
- any of the statutory exceptions in the CJA 2003 apply (s.116, 117, 199, etc);
- any of the common law exceptions preserved under the CJA 2003 apply (s.118) (res gestate, public records etc)
- all the parties agree; or
- the court uses its statutory discretion to admit the hearsay, in the interests of justice.
What is admissable hearsay under CJA 2003
- the witness is unavailable/unfit/outside of UK/fear (s.116);
- it is a business document (s.117)- however, the court has the discretion to exclude such a business document if it is satisfied that the statement’s reliability is doubtful (s.117(6) and(7)); or
- it is in the interests of justice to admit it (s.114(1)(d)).
Note the court has discretion to exclude unfair prosecution evidence (s.78 PACE).
What is hearsay?
- a statement made outside of court
- which the maker intended to be as true
- which a party seeks to rely on in court
- to prove a fact included in the statement
can be oral or written
Leave may be given under subsection 2 FOR FEAR only if the court considers that the statement ought to be admitted in the interests of justice, having regard:
a) to the statement’s contents,
(b) to any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence),
(c) in appropriate cases, to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c 23) (special measures for the giving of evidence by fearful witnesses etc.) could be made in relation to the relevant person, and
(d) to any other relevant circumstances.’
