The Human Rights Act 1998 and its Effect on Criminal Hearsay Law

This discussion forum post critically evaluates the effect of the Human Rights Act 1998 on the law relating to criminal hearsay. It defines hearsay, explores exceptions, and assesses the impact and limitations of the Human Rights Act 1998 on this area of evidence. The discussion covers criminal hearsay as oral or written statements, their admissibility under the Criminal Justice Act 2003, and limitations due to reliability and trustworthiness. Exceptions to hearsay, such as statements related to physical, emotional, or mental states, are examined, along with conditions for admissibility under Section 116 CJA 2003. The post summarizes that the presence or absence of a witness, the availability and reliability of evidence, and the witness's condition all impact the admissibility and relevance of hearsay evidence, concluding that hearsay is not an admissible evidence except for the 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

purpose in order to make the other individual believe in the act and the matter that it is true. It is important that all such
statements are to be given by the human beings and not by any machinery evidences. All the images that are compiled and
generated by the police body and also the video cameras and the print out are to be made in the pictorial form. The main areas
and the purpose of the Criminal hearsay is to make the other person to believe on all the major facts which are stated in order
to make the another person to act accordingly on all such facts which are given by the one party. The main reason for all such
criminal hearsay lies as all the opposing party will not be having the chance and ways in which they can cross examine any
person who are making any such statements and also for the general compliance and the test of credibility3. This rule helps
out in preventing all the jury from convicting defendants on the basis of the assumptions and rumours and also with the
second hand evidences. Some of the major exception of the hearsay evidence is the Dying declaration and also the excited
utterances, there is promoted that all such people who are on death bed will not lie and they neither can be testified. Other
than this all such people who blurt out from emotion will not be lying as due to their exclamation. Other than this all the
content in business record will also be laid as the exception and will be undertaken with the regular course of business4.
Impact or Limitation of Evidence relating to Criminal Hearsay
Hearsay is defined as a weaker statement under the rules of evidence which states that:
1. The person giving the statement has not directly seen or heard the act.
2. The party approaches to determine the truth of a statement which have been heard by them.
Its major impact is that it is inadmissible in the court being weaker evidence as a type of secondary evidence. Such kind of
evidence cannot be produced before the jury or magistrate due to inavailability of the evidentiary value in it. The validity of
the statement is very weak due to the non-availability of the person who can be examined by the magistrate or court. As to
which, lack of appropriate information regarding a fact, makes it a very invaluable evidence as it is considered as a second-
hand information when determining the guilt or liability of an accused.
Circumstantial evidence comprises as a part of hearsay evidence as one cannot be convicted on the basis of it. In this the
surrounding environment dictates the situation of an event, which in whole automatically happen according to the
circumstances, proving to be inadequate in order to meet the established standards of proof.
The limitation of hearsay evidence is that it is not relevant or not admissible in the court except for the one where validity is
such that proves it to be true by identifying the legal aspects of the facts, enlightening the evidentiary value of the following
fact or statement 5. The reliability of such evidence itself lends into the perpetration of fraud which happens due to the lack of
3 Ilchenko O, and Zinchenko H, 'Hearsay Evidence As Admissible Evidence In Criminal Proceedings' [2022]
Analytical and Comparative Jurisprudence
4 Kwon Oh geol, 'The Concept And Scope Of The Hearsay Evidence' (2022) 24 Journal of Criminal Law
5 Katner M, 'Native American Oral Evidence: Finding A New Hearsay Exception' [2019] SSRN Electronic Journal

oath on the part of source. These statements are difficult to assess for its trustworthiness. Courts generally do not allow such
evidence as its not trustworthy for several reasons.
Exceptions of Hearsay Evidence
A statement in which there is no reliability of its truth, as the emotional, physical or the state of mind condition which
denotes actual condition through which reliability of truth can be proved. The relation of birth, marriage, blood and adoption
related to family constitutes for the admissibility of hearsay evidence6.
Hearsay evidence in relation to oral or documentary evidence is admissible under Section 116 CJA 2003, provided:
 Proceedings in relation to oral evidence will be ascertained admissible.
 Court must be satisfied by the witness being identified.
 When death of a person is caused.
 When the physical/mental state of a person makes him/her unfit.
 When a person resides outside of the country but his attendance can be secured.
 When a person cannot be found although reasonable steps have been taken.
 When court gives leave for the statement to be give in evidence as the person is not able to give the statement due
to fear or anxiety.
 The content of the statement of witness which reliability of a fact.
 The evidence can be accepted or denied due to any risk of unfairness.
 If any any other kind of assistance could be provided to the witness through any virtual source.
 In any situation which can prove the relevancy of the evidence.
There might be many reasons for the unavailability of a witness which includes his/her absence at that place, have shifted
to a different place or been dead. They might refuse to be present in the court, due to any criminal liability which in turn
affects their social status in the society7.
When evidence of hearsay is presented at trial, then defendant can raise objection before the magistrate who can be cross-
examined by the court. The statement of witness can be contradicted in order to make it inadmissible before the court.
6 Hamilton T, 'The Evidence Of Hearsay In Criminal Proceedings From Late Renaissance France' [2021] Renaissance
Studies
7 Guider A, 'Hearing The Unheard: Crafting A Hearsay Exception For Intellectually Disabled Individuals' [2017] SSRN
Electronic Journal

Therefore, the chances of admissibility of the hearsay evidence are very low as to the availability of evidentiary value which
in turn makes it a weaker and very unstable evidence assessing to misguidance of appropriate relevant fact in a statement.
Summary
It can be summarised from all the above outcomes that, Criminal Hearsay is majorly an oral or the written statement
which is drawn by the witness on their first hand evidence in further proceedings. Its major impact is that it is inadmissible in
the court being weaker evidence as a type of weaker evidence which cannot be produced before the jury or magistrate due to
unavailability of the evidentiary value in it. The limitation of hearsay evidence is that it is inadmissible in criminal
proceedings due to the lack of oath on the part of source and are difficult to assess for its trustworthiness. A statement in
which there is no reliability of its truth, the physical, mental and emotional state can be used as an exception as to evidence
of criminal hearsay.
Therefore, Criminal hearsay evidence amplifies the reliability, admissibility and relevancy of statement of a matter or fact
which concludes that:
 A witness presence or absence in the court makes an impact on the admissibility of the statement.
 The availability of evidence in secondary form leads to it being weaker evidence.
 The reliability of the trustworthiness also plays an important factor in determining the truth of a fact or statement.
 The physical, mental and emotional condition of a witness leads to admissibility of a particular statement or matter.
 Overall, presence, availability of evidence, reliability of trustworthiness of statement only leads to the admissibility
and relevancy of hearsay evidence.
CONCLUSION
From this above essay it is concluded that, Hearsay is majorly analysing the statement in which this implies to manage
the statements which are declared in the appropriate time and also to draw and effectively analyse the nature and the relevant
facts. This is majorly not an admissible evidence in which will; not be allowed in all the nor areas and the exceptions. All
such statements which are not being offered in the matter of truth Aare complied. The criminal hearsay will not be admissible
by the declarant in all the vary areas. Some of the exception of the criminal hearsay is the death declaration or the statement
given in the blurt manner. Further it is also analysed that it is the secondary evidence and this will not be presented inform of
the jury or the magistrate in which they try to manage the work and all the information which is gathered in it will comes
under the second hand reports and texts. So further their will not be any issues being decided on the basis on the criminal
hearsay as this is the weaker evidence y the court. The circumstantial evidence is also a part of criminal hearsay.

REFERENCES
Books and Journals
Hui-gi Sim, 'The Differentiation Of Hearsay And Non-Hearsay In Korean Criminal Procedure' (2013) 62 Korean Lawyers
Association Journal
Munday R, 'Athwal And All That: Previous Statements, Narrative, And The Taxonomy Of Hearsay' (2020) 74 The Journal of
Criminal Law
Ilchenko O, and Zinchenko H, 'Hearsay Evidence As Admissible Evidence In Criminal Proceedings' [2022] Analytical and
Comparative Jurisprudence
Katner M, 'Native American Oral Evidence: Finding A New Hearsay Exception' [2019] SSRN Electronic Journal
Guider A, 'Hearing The Unheard: Crafting A Hearsay Exception For Intellectually Disabled Individuals' [2017] SSRN
Electronic Journal
Hamilton T, 'The Evidence Of Hearsay In Criminal Proceedings From Late Renaissance France' [2021] Renaissance Studies
Kwon Oh geol, 'The Concept And Scope Of The Hearsay Evidence' (2022) 24 Journal of Criminal Law