Hearsay magistrates court evidence/statement
Discussion
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?
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
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.
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.
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.
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.
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