Hearsay magistrates court evidence/statement
Hearsay magistrates court evidence/statement
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Discussion

Marvtec

Original Poster:

421 posts

190 months

Monday 8th December 2014
quotequote all
A close relation is shortly in (mags) court on a charge of harassment.

The complainant has applied to have their statement taken as 'hearsay' so they can avoid attending court, with the cps pushing for this and with a psychiatrist on board, letter issued (complainant suffers from depression & anxiety)

Doesn't a fair trial consist of all parties being cross-examined? How likely/often is 'hearsay' permitted?

How admissible/credential is hearsay compared to appearance in court? Is there anything my brothers solicitor can do to significantly oppose the hearsay application?



Edited by Marvtec on Monday 8th December 22:35

ookware

54 posts

202 months

Monday 8th December 2014
quotequote all
You may find this useful: http://www.cps.gov.uk/legal/h_to_k/hearsay/

However I'd like to think your (brother's) solicitor knows more than anyone here would on this matter, if not I'd suggest getting a better solicitor.

Mojooo

13,291 posts

211 months

Monday 8th December 2014
quotequote all
Hearsay is generally not allowed in criminal cases save for a few exmaples in the link given.

I would have thought special measures for the complainant was more apropriate - so giving evidence via live link or somewhere else

http://www.cps.gov.uk/legal/s_to_u/special_measure...

Should be bread and butter stuff for a criminal solicitor.

pork911

7,365 posts

214 months

Monday 8th December 2014
quotequote all
Marvtec said:
Is there anything my brothers solicitor can do to significantly oppose the hearsay application?
has he not advised your brother?