Criminal Hearsay: Impact, Limitations, and Exceptions

DISCUSSION forum

Table of content
Table of content...............................................................................................................................2
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
Criminal Hearsay........................................................................................................................3
Impact or Limitation of Hearsay Evidence................................................................................4
Exceptions of Hearsay Evidence................................................................................................5
Summary.....................................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INITIAL POST
Evidence is a statement given by an individual which evaluates fact-in-issue and makes it a relevant fact which is
admissible as an evidence in the court. It includes how facts may or may not be proved and in what manner a particular fact or
fact-in-issue is presented by which any statement is to prove1. Human Rights Act, 1998 comprise of people in the country
who can file the cases relating to the human rights of the people of United kingdom in the courts. It is a legal obligation
which determines the rights of an individual and the freedom for the people for which they are entitled to be treated equally,
with fairness, dignity and respect in the country. Criminal Law is an act which determines the criminal liability of an accused.
It deals with the behaviour that can be construed as an offence against the public, society or state. This report will cover,
impact, limitations and exceptions of hearsay evidence. The main impact of Hearsay evidence is that it is very contradicting,
unreliable and weak statement given by a witness and also the reliability depends on the witness present in the court as to
prove the validity of the content of the matter. The limitations of Hearsay evidence is that it is only limited upto the reliability
of the matter, either for the defence or prosecution to be presented before the jury or magistrate. The ability to assess the
trustworthiness of such kind of statement also makes it very limited to the relevant facts of the particular statement or matter.
The exceptions of Hearsay evidence is that it can be proved or made admissible in the court by showing the mental condition
i.e. state of mind, or any type of physical or emotional condition that appears or prove to be an acceptable situation thereby
leading to be an admissible fact in the court.
TASK
Criminal Hearsay
Hearsay is majorly an oral or the written statement which is drawn by the witness on their first hand evidence in further
proceedings. All such evidence which are tendered and managed on general matters that are stated and also being undertaken
for the truth of the matters demonstrated. The criminal hearsay is categorised to the incompetent evidence which is admissible
only when it falls in the categories that is undertaken in section 114 from Criminal Justice Act 20032. It also takes all the
interest of justice when they fall in the admissible category. It is observed that there is no absolute principle which is drawn
for the conviction this is based on solely and also on the general decisively with the hearsay where they effectively describe
all the oral evidence and the proceedings which tenders to all the evidence and the matters stated in it. The main element and
the statements which are being used for the representation of facts and also to manage the opinions made by the person for the
1 Hui-gi Sim, 'The Differentiation Of Hearsay And Non-Hearsay In Korean Criminal Procedure' (2013) 62 Korean
Lawyers Association Journal
2 Munday R, 'Athwal And All That: Previous Statements, Narrative, And The Taxonomy Of Hearsay' (2020) 74 The
Journal of Criminal Law