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CRIMINAL LITIGATION 6(b) - Evidence III - Hearsay II

Terms in this set (73)

See s.117(1) CJA 2003:
A document is admissible as evidence of any matter stated IF:
(a) oral evidence given in the proceedings would be admissible as evidence of that matter;
(b) the requirements of s.117(2) are satisfied; AND
(c) if s.117(4) requires, the requirements of s.117(5) are satisfied.

s.117(2) CJA 2003: satisfied IF:
(a) The doc or the part containing the statement was created or received by a person IN THE COURSE OF TRADE, BUSINESS, PROFESSION OR OTHER OCCUPATION, or as the HOLDER OF PAID/UNPAID OFFICE;
(b) The person who supplied the info in the statement (the relevant person) had or may reasonably be supposed to have had PERSONAL KNOWLEDGE of the matters dealt w/; [this may be the same person as (a) - s.117(3)) AND
(c) Each person (if any) through whom the information was supplied from the relevant person to the person in (a) received the information IN THE COURSE OF TRADE, BUSINESS, PROFESSION OR OTHER OCCUPATION, or as the HOLDER OF PAID/UNPAID OFFICE.

s.117(4) CJA 2003 - additional requirements must be satisfied IF the statement:
(a) was prepared for the purposes of pending/contemplated criminal proceedings or a criminal investigation; BUT
(b) was NOT obtained pursuant to a request under s.7 Crime (International Cooperation) Act 2003 or an under para 6 Sch 13 CJA 1988.

s.117(5) CJA 2003 - satisfied IF:
(a) any of the five conditions under s.116(2) re: unavailable Ws is satisfied; OR
(b) The relevant person cannot reasonably be expected to have RECOLLECTION of the matters dealt w/ in the statement (having regard to lapse of time since he supplied the info and all other circs).