Hearsay


Hersay meaning

Hersay is the communication of information from one person to another that cannot be independently verified. in other words, a rumour. This is the meaning of hearsay. In order for the court to take into consideration anything as proof, they need to hear it from the individual themself. As an example, if you are a witness in a trial, you are not permitted to provide testimony such as "My girlfriend informed me she saw the accused at 3 o'clock in the afternoon."

Criminal

A ‘hearsay statement’ is defined in s 114(1) of the CJA 2003 as ‘a statement, not made in oral evidence, that is relied on as evidence of a matter in it’. This legislative definition of hearsay evidence that is supplied by the Criminal Justice Act (CJA) 2003, as well as the several kinds of hearsay evidence that are rendered admissible in criminal trials as a result of the Act. Before concluding with a discussion of the procedural criteria to be met, any party wish to adduce hearsay evidence at trial, it must made admissible under the 2003 Act or it wil be rejected at trial inadmissable.

Civil

The Civil Evidence Act of 1995, section 1(2)(a), defines hearsay evidence as "a remark made otherwise than by a person while providing oral evidence in the proceedings which is submitted as evidence of the things stated." Hearsay evidence may be considered evidence of the matters stated.

Law Books

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