Law of Evidence: Hearsay Rule

Questions and Answers

What is the purpose of the rule against hearsay?

To prevent unfairness in trials by excluding certain evidence (correct)

To allow the maker of the out-of-court statement to be available for cross-examination

To provide an exception to the general rule of admissibility of evidence

To ensure the reliability of out-of-court statements

What is the first question to be asked when dealing with potential hearsay evidence?

Does the evidence fall within the definition of hearsay evidence? (correct)

Is the evidence critical to the case?

Is there a good reason to admit the evidence?

Can the evidence be shown to be reliable?

Under what circumstances is hearsay evidence admissible according to the Criminal Justice Act 2003?

If the maker of the out-of-court statement is available for cross-examination

If it is deemed critical to the case

If the evidence can be shown to be reliable

If it falls within one of the exceptions in s.114(1) (correct)

What factor is NOT considered when determining whether there can be a fair trial in a case involving hearsay evidence?

The credibility of the witness who made the out-of-court statement Signup and view all the answers

What is the effect of the rule against hearsay on the quality of evidence?

It prevents the quality of evidence from being tested Signup and view all the answers

What is the general rule regarding the admissibility of hearsay evidence?

Hearsay evidence is inadmissible unless it falls within an exception Signup and view all the answers

What is the condition for a statement not made in oral evidence in the proceedings to be admissible as evidence of any matter?

If the court is satisfied that it is in the interests of justice for it to be admissible Signup and view all the answers

According to Section 115(2) of the Criminal Justice Act 2003, what is a statement?

A representation of fact or opinion made by a person by whatever means Signup and view all the answers

What is the purpose of identifying the relevant fact in the three-part test in R v Twist?

To identify the relevant fact that it is sought to prove Signup and view all the answers

Why is a private diary not considered hearsay evidence?

Because the writer did not intend that anyone else should ever read it Signup and view all the answers

What is the significance of Section 115(2) in relation to CCTV evidence?

It does not make CCTV evidence hearsay because it is created entirely by a device Signup and view all the answers

What is an example of original evidence?

Words spoken out of court Signup and view all the answers

Why is a statement made out of court to show that a threat was made not considered hearsay evidence?

Because it is original evidence Signup and view all the answers

What is the purpose of adducing original evidence to show the state of mind of the maker?

To show the intention of the maker Signup and view all the answers

Study Notes

Rule Against Hearsay

The rule against hearsay states that a statement made out of court may not be presented in evidence as proof of its content.
Hearsay is inadmissible, which is an example of an exclusionary rule, because the maker of the out-of-court statement is not available to be cross-examined, and therefore, the quality of evidence cannot be tested.

Exceptions to the Rule Against Hearsay

To avoid unfairness, the law has developed exceptions where hearsay evidence can be properly relied upon.
There are two questions to be asked to determine if evidence is admissible:
- Does the evidence fall within the definition of hearsay evidence? If yes, it is prima facie inadmissible.
- Does the evidence fall within one of the exceptions to the general exclusionary rule?

Criminal Justice Act 2003: s 114

Section 114 CJA 2003 provides that hearsay is admissible if, but only if, it falls within one of the exceptions in s.114(1).
The exceptions include:
- Any provision of the chapter or any other statutory provision makes it admissible.
- Any rule of law preserved by section 118 makes it admissible.
- All parties to the proceedings agree to it being admissible.
- The court is satisfied that it is in the interests of justice for it to be admissible.

Statements and Matters Stated: s 115 CJA 2003

A statement is any representation of fact or opinion made by a person by whatever means.
A matter stated is one where the purpose, or one of the purposes, of the person making the statement appears to the court to have been:
- To cause another person to believe the matter or.
- To cause another person to act or refrain from acting on the basis that the matter is true.

Test for Hearsay: R v Twist

The Court of Appeal reformulated the sections as a test that determines whether or not a communication is hearsay.
The test has three parts:
- Identify what relevant fact (matter) it is sought to prove.
- Ask whether there is a statement of that matter in the communication. If no, then no question of hearsay arises.
- If yes, ask whether it was one of the purposes (not the only or the dominant purpose) of the maker of the communication that another person should believe that matter or act upon it as true. If yes, it is hearsay and if no, it is not.

Not Hearsay

Private diary: anything written in a private diary where the writer did not intend that anyone else should ever read it cannot be hearsay as there is no intention on the part of the maker of the statement that any other person should believe anything.
CCTV: section 115(2) contains the words '...made by a person…’, so no issue of hearsay arises where the piece of evidence in question was created entirely by a device.
Questions: where there is no statement of a matter.
Original evidence:
- Words spoken out of court are admissible original evidence.
- The purpose of the party adducing the evidence is to show that the words were spoken, not that they were true.
- Original evidence can also be adduced to show the state of mind of the maker.

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Description

This quiz covers the rule against hearsay in the law of evidence, its general rule, and exceptions. It also touches on the importance of testing the quality of evidence.