Hearsay Rule and Exceptions
Hearsay evidence occurs when witnesses repeat what someone else told them about a case. Generally, courts ban this because it's like playing Chinese whispers - stories get distorted, memories fade, and you can't cross-examine the original source.
But Section 118 of the CJA creates important exceptions. Courts allow hearsay when all parties agree to its use, when the original witness is unavailable (dead, abroad, missing, or unable to testify), or when admitting it serves the interests of justice.
Steven Saunders' case (2018) illustrates this perfectly. Sentenced to 18 months for controlling behaviour, the court allowed hearsay evidence from medical staff showing his controlling nature towards his partner, even though she didn't testify herself due to fear.
The rule also relaxes for basic factual information like proving someone's age, birth date, or document authenticity.
Key Insight: Hearsay might seem unreliable, but courts recognise that sometimes it's the only way to ensure justice, especially when victims are too scared to speak.