What sections of the Criminal Justice Act 2003 should be referred to regarding hearsay evidence?
- 114
- 115
- 116
- 117
- 118
- 124
These sections outline the rules and exceptions related to hearsay evidence in criminal proceedings.
According to s114, when is a statement not made in oral evidence admissible as evidence?
- A provision of this chapter makes it admissible
- Any rule under 118 makes it admissible
- All parties agree to it being admissible
- The court is satisfied it is in the interests of justice
This section defines the conditions under which hearsay statements can be admitted in court.
Define hearsay.
A statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if
Essential ingredients include ‘a statement’ tendered ‘as evidence of any matter stated’.
What is a previous consistent statement in relation to hearsay?
Not hearsay to show only consistency and not to prove a fact
Such statements may be excluded by the rule against self-serving statements.
What is a previous inconsistent statement?
- Not hearsay if used to show inconsistency
- Can be used to prove the truth of what it says under s119
A statement made closer to the time of events may be more reliable.
What does section 115(1) state about mechanically produced evidence?
Evidence generated by a purely mechanical process is not hearsay
Examples include security camera photos, video recordings, or audio recordings.
What is a matter stated according to s115(3)?
Something said with the intention of:
* Making someone believe it is true
* Causing someone to act based on the assumption it is true
If the statement was not made to influence belief or action, it is not a ‘matter stated’.
What is the Twist test for Communications?
- Ascertain the matter sought to be proved
- Determine if there is a statement of that matter in the communication
- Assess if the recipient was intended to believe or act on that matter
If yes, it is hearsay; if no, it is not.
Under s116, when can a statement not made in oral evidence be admissible?
- Oral evidence would be admissible
- The person who made the statement is identified
- Any of the five conditions (e.g., dead, unfit, outside UK) are satisfied
This section outlines the conditions under which hearsay statements can be admitted when the original speaker is unavailable.
What are the five conditions under which a statement can be admissible according to s116?
- Dead
- Unfit due to bodily or mental condition
- Outside UK and not practicable to secure attendance
- Cannot be found despite reasonable steps
- Through fear with court’s leave
These conditions determine the admissibility of hearsay statements when the original speaker is unavailable.
What is required for a documentary statement to be admissible as hearsay?
- Would be admissible if spoken aloud
- Made/received during business or official duties
- Original source had personal knowledge
This is outlined in s117 of the Criminal Justice Act 2003.
What does s114(1)(d) state regarding the interests of justice?
The court must consider factors such as:
* Strength of the statement
* Other evidence on the same point
* Importance of the point overall
* Context and circumstances of the statement
This rule is a last resort and should not be used to circumvent stricter rules.
What are the four exceptions to the hearsay rule under s114?
- Statutory exceptions
- Common law exceptions
- Agreement of all parties
- In the interests of justice
These exceptions allow for the admissibility of hearsay evidence under certain conditions.
What is the purpose of s124 in the context of hearsay evidence?
Governs how the credibility of a hearsay statement can be challenged
Allows the opposing party to admit credibility evidence and further evidence with court’s permission.
What does s78 PACE allow courts to do?
Exclude prosecution evidence if it adversely affects fairness
This applies especially where hearsay is weak or based on fear.
What does s.78 PACE allow courts to do?
Exclude prosecution evidence if it would adversely affect fairness
Applies especially where hearsay is based on fear or is weak and prejudicial.
Under 125 CJA, what is the court’s duty regarding unfair cases?
Stop unfair cases if they rely too heavily on unconvincing hearsay
The court may be obliged to stop the trial.
What does s.126 CJA 2003 allow regarding defence hearsay?
Exclusion of defence hearsay if it lacks genuine probative value
There is no equivalent of s.78 for excluding unfair defence hearsay.
What is the general rule regarding multiple hearsay?
Not usually allowed due to reliability concerns
It is harder to test reliability.
When is multiple hearsay allowed?
- Fits within s.117 (business documents)
- Fits within s.119 (prior inconsistent statements)
- Fits within s.120 (prior consistent statements)
- All parties agree to admit it
- Court satisfied of high value and interests of justice
The court must be very confident in the evidence’s reliability.
What does s.126 allow courts to do regarding unconvincing hearsay?
Exclude hearsay evidence if it causes undue waste of time and its value is low
The risk involved must substantially outweigh its value to the case.
What does s.125 allow a judge to do in jury trials based on unconvincing hearsay?
- Direct an acquittal
- Discharge the jury if a retrial is appropriate
Applies only after the prosecution has finished its case.
What must be included in the notice to adduce hearsay evidence under CRIMPR PART 20?
- Identify the hearsay evidence
- Set out facts relied on for admissibility
- Explain how to prove those facts
- Justify why the evidence is admissible
- Attach the statement/document
Must serve the notice on the court and all other parties.
