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PRLW4004 International Private Law

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PRLW4004 International Private Law

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PRLW4004 International Private Law

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Course Code: PRLW4004
University: Sultan Qaboos University

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Country: Oman

Question:
Describe the concept of Hearsay and Exceptions.
Answer:

Introduction
Hearsay evidence is a concept of criminal law. It is commonly a written or oral statement made by a person that is not testifying in the court but such statements are relied upon in order to prove the things that are contained in the same.
Discussion
A hearsay statement is not allowed as evidence; however, there are certain exceptions of this general rule. It means these are the situation, where the subjective statement can be taken as evidence. In the following circumstances, a hearsay statement can be considered as evidence,

Where all the parties to the case are ready to accept the statement as evidence.
Where admission of the statement as evidence is the best interest of justice.
In case of common law exception
When the same is admissible under the Criminal Justice Act 2003 (c) (Inbrief.co.uk, 2018)

Moving towards the provisions of CJA 2013, this is to be stated that some sections are there under which hearsay evidence is admissible. Section 116 says that if a person who makes a hearsay statement is not able to appear in court but give the statement as a witness, then the hearsay evidence will be admissible. Further according to section 117 of the act, hearsay will be admissible when was made in a professional or business document (Legislation.Gov.Uk, 2018). In conjunction to these sections, section 19 and 20 of the act are there that provides that hearsay evidence will be admissible if the same has been made before giving testimony in the court by the witness.  Clause d of section 114 (1) is the section which provides a general power to judges and provides that they can admit the hearsay statement as evidence whenever they think the same appropriate in order to provide justice. In the case of Al-Khawaja v United Kingdom (2009) 1 EHRR 49, it was held that it is justifiable to consider hearsay as evidence but the decision should not be based solely on the same.
Conclusion
To conclude the topic, this is to be stated that the hearsay statement can only be considered as evidence in case of exceptions.
References
Al-Khawaja v United Kingdom (2009) 1 EHRR 49
Criminal Justice Act 2003 
Inbrief.co.uk. (2018). Retrieved From: Hearsay evidence in criminal trials. https://www.inbrief.co.uk/court-proceedings/hearsay-evidence-in-criminal-cases/
Legislation.Gov.Uk. (2018). Criminal Justice Act 2003. Retrieved From: https://www.legislation.gov.uk/ukpga/2003/44/pdfs/ukpga_20030044_en.pdf

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