Deck 11: Hearsay Evidence

Question 1

Multiple hearsay is always admissible. Section 121 C.J.A. 2003 provides that it is in certain circumstances. a) Either of the statements is admissible under s.117, s.119 or s.120 OR b) All of the parties agree OR c) The court is satisfied that the value of the evidence, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible.

Answer 1

False

Question 2

Which 2 of the following are NOT admissible as documentary hearsay? s.117 C.J.A. 2003 regulates documentary admissibility.

A)Personal letters
B)Ordinary business documents
C)Extraordinary business documents
D)Documents prepared for pending or contemplated criminal proceedings
E)Documents prepared during criminal proceedings

Answer 2

A, C

Question 3

Which 2 of the following are NOT admissible as documentary hearsay? s.117 C.J.A. 2003 regulates documentary admissibility.

A)Personal letters
B)Ordinary business documents
C)Extraordinary business documents
D)Documents prepared for pending or contemplated criminal proceedings
E)Documents prepared during criminal proceedings

Answer 3

A, C

Question 4

Which factors will a court consider when deciding whether or not to admit hearsay evidence under its s.114(1)(d) ""in the interest of justice"" inclusionary discretion? s.114(2) C.J.A. 2003 sets out the factors for consideration.

A)The circumstances in which the statement was made
B)The reliability of the maker of the statement
C)The difficulty in challenging the statement in court
D)The extent to which it would be likely to prejudice the party facing the statement
E)The probative value of the statement

Question 5

Which of the following is a common law exception to the hearsay rule? This common law exception is preserved under s.118(4) C.J.A. 2003.

A)Agent provocateur
B)Res gestae
C)Bad character
D)Previous consistent statements

Question 6

Which of the following does NOT give rise to the admission of hearsay evidence where a witness is unavailable? A physical disability will not affect the competence of a witness. A mental condition may do so, but that depends on the severity of the condition.

A)The witness is dead
B)The witness is outside the United Kingdom
C)The witness is in a wheelchair and has severe Alzheimer's
D)The witness is in a wheelchair with broken legs

Question 7

In which of the following circumstances is hearsay NOT admissible? A witness would merely be summonsed and/or a warrant issued for their arrest.

A)Where the witness is simply unwilling to attend court
B)A previous inconsistent statement given which is to be used to attack the credibility of that person
C)A prima facie valid confession
D)In almost all civil proceedings

Question 8

Which of these is capable of being hearsay evidence? Only evidence which has a human input in its manipulation is hearsay. A breathalyzer reading, calculator reading and staff records are real evidence as although the input is produced by a human, it is analysed by a computer and not a human.

A)A printout from a breathalyzer
B)Tax return produced by an accountant who calculated the sums and entered the amounts himself
C)A calculator print out
D)A record of staff entry produced automatically as they swipe entry cards

Question 9

Which of the following is NOT capable of being hearsay evidence? All are capable of being hearsay except a photograph which would probably fall under 'real evidence'.

A)A gesture
B)A photograph
C)An oral statement
D)A written statement

Question 10

Anonymous hearsay can be admitted under s.114(1)(d) C.J.A. 2003- a court's 'in the interest of justice' inclusionary discretion.

Question 11

An out-of-court statement made by one party may be admissible against another if those parties are jointly charged (i.e. they are co-defendants) See s.118(1) C.J.A. 2003.

Question 12

If a party, or any person acting on their behalf, causes the original maker of a statement to be unavailable, that statement will be inadmissible under the 'witness unavailable' gateway. Section 116(5) C.J.A. 2003 provides so.

Question 13

If a witness is in fear, their evidence must be admitted as hearsay. A court has a discretion to admit their evidence as hearsay, and may only do so where the statement ought to be admitted in the interests of justice, having regard to the factors set out in s.116(4) C.J.A. 2003.

Question 14

A court only ever uses s.78 P.A.C.E. (the general discretion to not admit evidence) to exclude hearsay. It can use s.78 but has additional specific powers under s.126 C.J.A. to do so.

Question 15

Hearsay statements must be made out-of-court. The definition of hearsay under s.114 C.J.A. 2003 states so.

Question 16

Which 2 of the following are NOT admissible as documentary hearsay? s.117 C.J.A. 2003 regulates documentary admissibility.

A)Personal letters
B)Ordinary business documents
C)Extraordinary business documents
D)Documents prepared for pending or contemplated criminal proceedings
E)Documents prepared during criminal proceedings