A legal analysis of hearsay evidence in major criminal proceedings

Abstract

The dissertation will divulge into the topic of Hearsay evidence. Hearsay is interpreted as an out-of-court statement that is reproduced in court to sustain the truth of the matter asserted. These out-of-court statements can take different forms than just spoken words and may also constitute documents or even an interpretation of body language. As simple as it may sound, hearsay evidence is one of the most complex, intricate and confusing types of evidence, and for this reason, it brought about a number of opinions on the matter, as well as a number of rules and exceptions. Hence, the aim of this legal analysis is based on three pillars, firstly to examine and discuss the development of the rule against hearsay and the rules of evidence, this will include a historical evaluation from its inception and establishing what the law states. Secondly, the researcher will analyse the exceptions as they have developed at common law in major criminal proceedings, especially with the introduction of the Criminal Justice Act (UK) in 2003, coupled with the application of the rule locally in recent times, through an examination and interpretation of local and foreign case law on the admittance of hearsay and the exceptions to the Hearsay Rule; thirdly, Hearsay is discussed in relation to the rights of the accused, and how the defence and the prosecution must obey the right to a fair trial as established in our Constitution and the European Convention on Human Rights. Lastly, the researcher will provide a critical analysis and conclusion of the subject, including proposals for legislative amendments.