18. Hearsay Evidence

2021 ◽  
pp. 343-360
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

18. Hearsay Evidence

2019 ◽  
pp. 337-354
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

18. Hearsay Evidence

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

18. Hearsay Evidence

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

18. Hearsay Evidence

2020 ◽  
pp. 341-358
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

18. Hearsay Evidence

2016 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

6. Hearsay evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Hearsay Evidence

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the recent landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).

6. Hearsay evidence

2019 ◽  
pp. 107-131
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Civil Proceedings ◽  
Hearsay Evidence

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).

12. Hearsay in criminal cases

2020 ◽  
pp. 349-411
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
European Convention ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Definition Of ◽  
The Relationship

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d)); and safeguards including provisions relating to the capability and credibility of absent witnesses, the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.

Interpreting the Contours of Self-Defence within the Boundaries of the Rule of Law, the Common Law and Human Rights

2015 ◽  
Vol 79 (5) ◽  
pp. 330-343
Author(s):  
Catherine Elliott
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Common Law ◽  
European Convention ◽  
The Rule Of Law ◽  
The Common ◽  
Criminal Legal System ◽  
Objective Concept ◽  
Self Defence

The Crime and Courts Act 2013 has amended s. 76 of the Criminal Justice and Immigration Act 2008 on the amount of force a person can use in self-defence. The amended provision poses a dilemma for the courts: it states that only reasonable force can be used by a householder against a trespasser, but adds that force is unreasonable if it is grossly disproportionate. Until now, the courts have treated reasonable force and proportionate force as synonyms. This article suggests that the amended s. 76 should be interpreted to comply with the rule of law, incorporating the idea of equality before the law and legality. The courts should respect the traditional common law concept of reasonableness which is an impartial, objective concept that plays an important role across the whole of the criminal legal system. In addition, the article points out that the Act must be interpreted, where possible, in accordance with the European Convention on Human Rights to avoid the problems that arose with the defence of lawful chastisement.

4. Improperly obtained evidence other than confessions

2019 ◽  
pp. 61-78
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Common Law ◽  
European Convention ◽  
Judicial Discretion ◽  
Codes Of Practice ◽  
Character Evidence ◽  
Confession Evidence ◽  
Hearsay Evidence

This chapter focuses on evidence that is relevant but improperly obtained and thus may be excluded by judicial discretion. It looks at the exclusionary discretion contained within section 78 of the UK’s Police and Criminal Evidence Act 1984 (PACE), and explains how common law and statutory exclusionary discretion may be exercised in relation to other areas of evidence, such as character evidence and hearsay evidence, other than confessions. The chapter also looks at the most common areas of exclusion, other than confession evidence, including breach or evasion of legislation such as PACE and the Codes of Practice. It also reviews when a stay of prosecution might be the appropriate procedure. Finally, it discusses the relevant principles of Article 6 of the European Convention on Human Rights (ECHR) that are enshrined in section 78 of PACE.

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