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.

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.

11. The rule against hearsay II

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Cases ◽  
European Court ◽  
Civil Proceedings ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Decisive Evidence ◽  
Hearsay Evidence ◽  
The Impact

This chapter discusses the statutory exceptions to the inadmissibility of hearsay evidence in criminal cases that were created by the Criminal Justice Act 2003. The impact of the Human Rights Act 1998 on the admissibility of hearsay evidence is discussed, including the important cases of Horncastle and Al-Khawaja and Tahery v United Kingdom, where the Supreme Court and the European Court of Human Rights came into conflict over whether an accused may be convicted where the ‘sole and decisive’ evidence against him is hearsay. The common law exceptions preserved by the Criminal Justice Act 2003 are then considered—res gestae. The chapter ends with discussion of the abolition of hearsay in civil proceedings by the Civil Evidence Act 1995.

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.

11. Hearsay in criminal cases

2018 ◽  
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.

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.

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