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The Rule Against Hearsay

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Hearsay Evidence in Criminal Proceedings(Criminal Law Library): J R Spencer: Hart Publishing

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Author s : Aaron J. The parties can reach an oral agreement before the court or jointly produce a written agreement to the court for the admission of hearsay evidence. A party who proposes to adduce hearsay evidence may give a hearsay evidence notice to each other party and the responsible court officer.

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If no party gives an opposition notice within 14 days from the day of the hearsay evidence notice, then the hearsay evidence is admissible. The Proposed Bill specifically preserves certain common law rules relating to the admission of hearsay evidence, including those relating to admissibility of admissions, confessions and statements against self-interest made by an accused, statements made during the course or in furtherance of a joint enterprise or conspiracy, expert opinion, public information, reputation as to character, reputation or family tradition, res gestae , and admissions by agents.

The Proposed Bill provides for the admission of hearsay evidence for proving credibility and previous statements made by a witness for proving the truth of its content under certain circumstances.


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The Department of Justice is currently inviting views of the Judiciary, legal professional bodies and other interested parties on the Proposed Bill by the end of July If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. Back Forward. Share Facebook Twitter Linked In. Follow Please login to follow content. Register now for your free, tailored, daily legal newsfeed service. Will it become easier to admit hearsay evidence in criminal proceedings? Hong Kong July 18