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Words: | Submitted: Thu Mar 15 2007
... than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated; Unlike civil cases, in criminal proceedings, the rule still has considerable implication. The Criminal Justice Act 2003 reaffirms the rule against hearsay while broadening the exceptions. The Act also echoes Cross's definition of hearsay when, in section 114, it talks of '...a statement not made in oral evidence in the proceedings is admissible as evidence of the matter stated if, but only if,...'. Although these Acts have severely restricted the application of the exclusionary rule, the concept of hearsay remains central to the study of evidence. Lord Normand's comments in Teper remain appropriate, The rule against admission of hearsay evidence is fundamental. It is not the best evidence and it is not delivered on oath. The truthfulness and accuracy of the person whose words are spoken to by another witness cannot ...
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