hearsay

two principles Hearsay is based on ...

Oral testimony by W2

Written statements example

Why exclude hearsay evidence?

right to confront one's accusers

ECHR Art 6(3)d

Horncastle (2009)

Sellick (2005)

Al-Khawaja v UK (Grand Chamber) (2011)

Disadvantages in excluding hearsay

R v Blastland 1986

Myers v DPP (1965)

Sparkes 1964

Hearsay defined by common law before CJA 2003

common law rule of inadmissibility

Statutory definition when abolished in civil proceedings
Civil evidence act 1995

only hearsay evidence if adduced in order to show that the facts they assert are true normally inadmissible

Example:
V struck by car while crossing road and hurts neck
- V says to W 'car that struck me was blue'
- V's neck dislocated and later unable to speak
- 2 possible purposes for calling w to repeat V's statement in court...

an out of court statement that is a fact in issue...

out of court statements that are relevant to a fact in issue...

Lydon (1987)

Newport [1998]

Defining hearsay under CJA 2003

Chandrasekera [1937]

Cook [1987]

s115(2) a statement 'is any representation of... opinion made by a person'

whether a statement is hearsay now depends on two purposes:

Kearley [1992]

Singh [2006]

Twist (2011)

examples of purpose and hearsay under s115

'this book belongs to...'

examples of purpose and hearsay under s115

D steals your book and writes his own name in it

Examples of purpose and hearsay under s115

D writes in his personal diary
'I stole X's book..'

hearsay rule applies to both prosecution and defence

multiple hearsay

criminal justice act 1998

civil evidence act 1995

CJA 2003 implemented in 2005

Hearsay and related topics law com. no 245 (1997)

criminal justice act 2003

basic hearsay structure

if statement does not fall within new definition of hearsay and s114 is inapplicable

s78 PACE
s126 CJA 2003

factors when exercising discretion to exclude admissible hearsay evidence

s125 CJA 2003

s124 CJA 2003

multiple hearsay not admissible where witnesses are unavailable or under remaining common law exceptions unless...

leave of court required to admit out of court statements of witnesses who do not testify through fear

unavailable

unavailable witness
Musone (2007)

unavailable witness
Loveridge 2007

T [2009]

R v Castillo 1996

fearful

Davies (2007)

s117

s118 CJA 2003

preserved common law exceptions

common law doctrine of res gestae

excited utterances

Nye and Loan (1977)

Andrews (1987)

Howe v Malkin 1878

Gilfoye [1996]

s114(1)(d)

Finch 2007
Hughes LJ

can the out of court statement of a witness who is anonymous be admitted under s114?

conclusions on s114(1)(d)

Luca v Italy (2001)

R v Al-Khawaja (2005)

Cole (2007)
Keet (2007)

Al - Khawaja v UK (2009)

Horncastle (2009)

Al Khawaja and Tahery v UK (2012) Grand chamber

Al-Khawaja
Tahery
grand chamber

R v Ibrahim (2012)

R v Riat (2012)

R v Riat's six step