what is the general rule on hearsay
it is inadmissible
what are the 2 questions that must be asked when considering potential hearsay evidence
- does the evidence fall within the definition of hearsay evidence? if yes, prima facie inadmissible
- does it fall within one of the exceptions to the general exclusionary rule?
what is not considered heasay
private diary, CCTV and questions
when may hearsay be admissable?
the witness is unavailable, it is a business document or i is in the interests ofjustice to admit it
when will a witness be accepted as unavailable?
death, unfirntess, outside UK adn attendance not reasonably practicable, cannot be found after reasonably practicable steps and fear
what are the common law exceptions to the rule against hearsay
public information, evidence of reputation, res gestae, confessions, statements in furtherance of common enterprise and body of expertise
what is admissible public ifnormation
published works dealing with amtters of public nature eg dictionaries and maps, public documents such as public registers and records such as court records and publci treaties
what is the res gestae rule
statement was made by a person emtionally overpowered by an event, statement accompanied an act whch can be properly evaluated or the statement relates to a physical senstation or mental state
when does notice need to be given re hearsay evidence
if introducing under interests of justice, witness unavailable, doc prepared in contemplation of criminal proceedings or multiple hearsay
pros must serve not more than 20 business days in mags or 10 in crown. def as soon as reasonbaly practicable
what does the competence of a witness mean
whether they are permitted to give evidence to th court
who cannot be compelled
def for the pros or themselves.
can spouses be compelled
yes but only for the pros if the offence charged aganst their partner is DV, assault on under 16, sexal fofence under 16 or attempts at these
what are the two mains forms of privelege
against self incrimination and legal professional privilege (litigation privilege and advice privilege)
for examination in chief how should questioning be formed
non leading
are witnesses allowed to refresh their memory
yes from their statement given at the time
how can a out of court written wntess statement be used in court
can be read out if agreed, if witness needs to refresh memory or in cross examination on a previous inconsistent statement
when can previous statements be admissible
res gesate - statement is immediately reaction to a cirme being committed against the statement maker
suspects response to police allegation
complaints
recent fabrication
what sort of questions can be asked in cross examination
leading questions
