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Criminal Litigation

Criminal Litigation (17th edn)

Lisa Mountford and Martin Hannibal
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date: 04 October 2022

p. 34318. Hearsay Evidencelocked

p. 34318. Hearsay Evidencelocked

  • Martin Hannibal
  •  and Lisa Mountford

Abstract

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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