Hearsay

Question 1

What is hearsay evidence?

Answer 1

Evidence of a statement not made in oral evidence in proceedings, relied on for the truth of its contents.

Question 2

What are the two types of hearsay?

Answer 2

First-hand hearsay and multiple hearsay.

Question 3

What is first-hand hearsay?

Answer 3

What X told Y.

Question 4

What is multiple hearsay?

Answer 4

What X told Y, who told Z.

Question 5

Why has hearsay historically been treated with caution?

Answer 5

Concerns about unreliability and inability to cross-examine the maker.

Question 6

What is the “pass it on” problem in hearsay?

Answer 6

Meaning may be distorted or corrupted as statements are repeated.

Question 7

What key test did R v Twist establish?

Answer 7

A three-stage test to determine whether evidence is hearsay.

Question 8

What is stage 1 of the Twist test?

Answer 8

Identify the relevant fact the evidence is being used to prove.

Question 9

What is stage 2 of the Twist test?

Answer 9

Ask whether the communication contains a statement of that fact.

Question 10

What is stage 3 of the Twist test?

Answer 10

Ask whether the maker intended the recipient to believe or act on it as true.

Question 11

Why are implied assertions no longer central after Twist?

Answer 11

The focus is now on the purpose of the maker, not implied meaning.

Question 12

What did the CJA 2003 do to the common law of hearsay?

Answer 12

Abolished it and replaced it with a statutory framework.

Question 13

What is the default position on hearsay under the CJA 2003?

Answer 13

Hearsay is inadmissible unless an exception applies.

Question 14

Under s.114(1), when is hearsay admissible?

Answer 14

If authorised by statute, preserved common law, agreement, or interests of justice.

Question 15

What is s.114(1)(d)?

Answer 15

The court may admit hearsay if it is in the interests of justice.

Question 16

What factors must the court consider under s.114(2)?

Answer 16

Probative value, reliability, importance, availability of oral evidence, and prejudice.

Question 17

What is a “statement” under s.115?

Answer 17

Any representation of fact or opinion by any means.

Question 18

What is a “matter stated” under s.115(3)?

Answer 18

A matter intended to be believed or acted upon as true.

Question 19

When is hearsay admissible under s.116?

Answer 19

When the witness is unavailable for a listed reason.

Question 20

What are the five s.116 reasons for unavailability?

Answer 20

Dead, ill, abroad, cannot be found, or in fear.

Question 21

How is “fear” interpreted under s.116?

Answer 21

Broadly, including fear of harm or financial loss.

Question 22

When will hearsay be excluded despite s.116?

Answer 22

If the party caused the witness’s absence.

Question 23

What does s.117 cover?

Answer 23

Hearsay in business or professional documents.

Question 24

What must be shown for business documents to be admissible?

Answer 24

Created in the course of business and based on personal knowledge.

Question 25

When can the court exclude business document hearsay?

Answer 25

If reliability is doubtful under s.117(7).

Question 26

What does s.118 do?

Answer 26

Preserves specific common law exceptions to hearsay.

Question 27

Name examples preserved under s.118.

Answer 27

Public documents, reputation evidence, res gestae, expert evidence.

Question 28

What is res gestae?

Answer 28

Statements made spontaneously or contemporaneously with events.

Question 29

What Article of the ECHR is engaged by hearsay?

Answer 29

Article 6 – right to a fair trial.

Question 29

What was argued in R v Horncastle [2009]?

Answer 29

That convictions based solely on hearsay breached Article 6.

Question 30

What did the UK Supreme Court decide in Horncastle?

Answer 30

Sole or decisive hearsay does not automatically breach Article 6.

Question 31

What did the ECtHR decide in Al-Khawaja (2011)?

Answer 31

Sole or decisive hearsay may be allowed if safeguards exist.

Question 32

Why is the 2011 decision important?

Answer 32

It replaced the earlier 2009 ruling.

Question 33

What did R v Saunders [2012] confirm?

Answer 33

Hearsay may be admitted if the witness is too frightened to testify.

Question 34

Hearsay may be admitted if the witness is too frightened to testify.

Answer 34

A good reason for non-attendance.

Question 35

Why is R v Riat [2012] important?

Answer 35

It clarifies application of hearsay rules and safeguards.

Question 36

What does s.119 provide?

Answer 36

Previous inconsistent statements may be used as evidence of truth.

Question 37

What does s.129 say about machine-generated statements?

Answer 37

They are admissible only if the input data is accurate.

Question 38

Why was the text message in Midmore not hearsay?

Answer 38

It lacked intent to make the recipient believe it as true.

Question 39

What are the key problems with hearsay evidence?

Answer 39

Reliability concerns and inability to cross-examine the source.