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.

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.

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).

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.

HUMAN RIGHTS, BURDEN OF PROOF, RETROSPECTIVITY AND PRECEDENT IN THE HOUSE OF LORDS

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
I.D. Macphail
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Burden Of Proof ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998

R. v. Lambert [2001] UKHL 37, [2001] 3 W.L.R. 206 and R. v. Kansal (No. 2) [2001] UKHL 62, [2001] 3 W.L.R. 1562 are important decisions of the House of Lords in the field of human rights and criminal justice. Lambert is primarily concerned with a question as to the retrospective effect of the Human Rights Act 1998 in criminal proceedings, and with the question whether a reverse onus provision in section 28 of the Misuse of Drugs Act 1971 is compatible with the presumption of innocence in Article 6(2) of the European Convention on Human Rights. Kansal is primarily concerned with the former question. A majority of the House in Kansal decided that the decision of the majority of the House in Lambert on the issue of retrospectivity was wrong, but nevertheless should be followed.

scholarly journals Correlation of legal regulations on evidence and proof procedures with article 6 of the european convention on the protection of human rights and fundamental freedoms

2021 ◽  
Author(s):  
Angela Cuciurcă ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Evidence And Proof ◽  
The Right ◽  
Criminal Matters

Evidence and evidence are of particular importance in criminal proceedings, as, together with evidence, they are closely linked to the realization of the principle of finding out the truth, as well as to the fact that in most criminal cases there are problems related to evidence and means of proof. The legality of the evidence depends on the issuance of a decision to convict or acquit the person in a criminal trial. Legal regulations are closely correlated with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 6, the right to a fair trial. In this context, a criterion of applicability of this article in criminal matters lies in the nature of the procedure; the text refers to the right to be tried by a court, in the sense of court, which must decide on the merits of any accusation in this matter criminal law, and the merits of an accusation are based on conclusive, pertinent and useful evidence administered by means of evidence and evidence procedures provided by law.

scholarly journals A New Model of Appeal Proceedings in Criminal Cases: Acceleration v. Fairness? A Few Remarks from the Perspective of the Standards of Protecting Human Rights

2021 ◽  
Vol 30 (4) ◽  
pp. 187
Author(s):  
Małgorzata Wąsek-Wiaderek
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Appellate Court ◽  
Political Rights ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

<p>The purpose of this study is to present and evaluate the main changes to the appeal proceedings model introduced in the last few years to the Polish criminal proceedings in order to accelerate it and, thereby, satisfy the requirements of Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article presents arguments supporting the thesis whereby these have weakened the right of the defendant to appeal against the judgement. Under the currently applicable regulations, it is permissible that an appellate court may impose a penalty for the first time which cannot be subject to an effective appellate review. Such a solution may raise doubts as to its compliance with Article 14 (5) of the International Covenant on Civil and Political Rights. The article also formulates a thesis whereby the newly introduced measure – a complaint against the cassatory judgement of the appellate court – contrary to preliminary fears, has not in fact “blown up” the system of appeal measures in the Polish criminal proceedings. At the same time, despite the relatively small scope of its use, it may contribute to strengthening the appeal – as opposed to the revisory – model of appellate proceedings and thus accelerating the criminal proceedings. This thesis is based on the research of all complaints brought to the Supreme Court in 2016–2019.</p>

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