Topic 14 - Hearsay evidence

1. What is the definition of Hearsay?

2. In what forms can Hearsay statements be made?

3. What is the difference between Hearsay and original evidence?

4. Give examples of the sort of statements which would be original evidence rather than Hearsay?

5. What is the difference between real evidence and hearsay?

6. Under what circumstances will printouts etc. be real evidence and not Hearsay?

7. Describe the four stage test for identifying a hearsay statement.

8. Under what circumstances will Hearsay evidence be admissible?

9. What are the four statutory gateways under which Hearsay may be admitted?

10. What are the preserved common law exceptions under which Hearsay may be admitted?

11. Under what circumstances is multiple Hearsay admissible?

12. What is the procedure to be followed by a party seeking to introduce Hearsay evidence and what is the consequence for failing to follow it?

13. What must be set out in the notice seeking to introduce Hearsay evidence?

14. What is the time limit for an application to introduce Hearsay evidence for (i) P and (ii) D?

15. Under what circumstances can the general statutory discretion to exclude hearsay evidence be exercised?

16. On what basis can hearsay evidence be excluded under the provisions of section 78 PACE?

17. On what basis can a Hearsay statement be challenged?