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