statment

[o my god]

can anyone help me with this one, when my ex-partner made her fa against me her new husband was with her in the interview, then he made a statement 2days later surly if he was in the interview then he would no what she had said and would just repeat it, my barrister seems to think that his statement should now not be used at all???

[Casehardened]

can anyone help me with this one, when my ex-partner made her fa against me her new husband was with her in the interview, then he made a statement 2days later surly if he was in the interview then he would no what she had said and would just repeat it, my barrister seems to think that his statement should now not be used at all???

If he had no first-hand knowledge about the accusation, i.e. if he didn't hear or see anything at the time the alleged offence occurred, but he only knows of it because he was told by someone else, i.e. the accuser, then this is termed as hearsay evidence and not normally admissible in court hearings.

Occasionally, if the accuser has told someone else immediately after the alleged incident, then this persons evidence may be admissible.

Almost certainly, if there is dispute between the prosecution and defence whether this statement will be admissible, the legal arguments will be put to the judge and he will make a ruling.

[o my god]

If he had no first-hand knowledge about the accusation, i.e. if he didn't hear or see anything at the time the alleged offence occurred, but he only knows of it because he was told by someone else, i.e. the accuser, then this is termed as hearsay evidence and not normally admissible in court hearings.

Occasionally, if the accuser has told someone else immediately after the alleged incident, then this persons evidence may be admissible.

Almost certainly, if there is dispute between the prosecution and defence whether this statement will be admissible, the legal arguments will be put to the judge and he will make a ruling.

her new husband lived next door to us, and said he heard arrguments and even here own sol when we were the family courts said we would get somewhere on the days when he did not come with here.

[Rights Fighter]

her new husband lived next door to us, and said he heard arrguments and even here own sol when we were the family courts said we would get somewhere on the days when he did not come with here.

I don't understand what you mean by that.

In relation to hearsay evidence that is actually allowed in more often than used to be - anything to get a conviction.

CH referred to hearsay evidence in relation to 'the first person the complainant told'. This is known as 'recent complaint' evidence and can be very important.

I do know of one case that actually went to trial after a woman next door claimed she heard she heard the little boy being raped. He was convicted on that evidence. He was released on appeal - his 2nd appeal that is via the CCRC

http://www.bailii.org/ew/cases/EWCA/Crim/2004/50.html