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admitting & excluding evidence- Hearsay evidence, GROUND 1- statutory…

- - - - person/witness making atatement would have been allowed to give oral evidence at trial of the matters contained in the statement
- - - - A → B → C (one intermediary)
    - - A → B → C → D (multiple intermediaries)
- - - - GROUND 3
        admissible by agreement of all parties
        
        GROUND 4
        admissible in interests of justice
        
        STEP 2: Procedure for admitting hearsay
        
        Part 20 CrimPR rules only apply in specific situations where hearsay is sought to be admitted, including:
        a) Interests of justice: If it is in the interests of justice to admit hearsay evidence (s 114(1)(d)).
        b) Unavailable witness: If the witness is unavailable to attend court (s 116).
        c) Multiple hearsay: If the evidence involves multiple hearsay (s 121).
        d) Written statements for criminal proceedings: If the evidence is a written statement prepared for use in criminal proceedings (s 117).
        
        where party wishes to adduce evidence in which Part 20 applies or opposes another party application to intro such evidence, that party must:
        Notice requirement: must give notice to the court and the other parties. This is done using prescribed forms.
        Time limits: The court sets time limits for giving notice of the intention to rely on hearsay evidence. The CPS has to give notice by a specific deadline (CrimPR r 20.2(3)), and the defendant must do so by another (CrimPR r 20.2(4)).
        Dispensation of notice: court can allow oral notice instead of written, or extend or shorten time limits for giving notice.
        
        STEP 3: Determining admissibility of hearsay evidence
        
        Pre-trial hearing: If there is a dispute over the admissibility of hearsay evidence, the court will usually decide this at a pre-trial hearing.
        
        In the magistrates' court, it will likely be at the case management hearing or a specific pre-trial hearing.
        
        In the Crown Court, it will typically be at the - pre-trail prep hearing) PTPH or a separate pre-trial hearing dedicated to resolving evidence disputes.
      - means that the statement made outside of court by someone (the declarant) can be presented and used as evidence in court, even though the person who made the statement is not testifying in person