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'The hearsay rule ought to be abolished. Its exceptions are complex and lead to the arbitrary exclusion of cogent evidence' - Discuss.
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' The hearsay rule ought to be abolished. Its exceptions are complex and lead to the arbitrary exclusion of cogent evidence' Discuss Plan Intro Argument for hearsay Reasons . Law commissions findings Exceptions and exclusions Against Statute. Safety valves. Law commission Zuckerman report conclusion Insert introduction Definition of the hearsay rule: 'No-one seems to dout that the hearsay rule as applied in criminal cases in this country is imperfect' (Tapper, C) Cross & Tapper: A statement other than one made by a person giving oral evidence in the proceedings is inadmissible as evidence of any fact [or opinion] stated.1 Section 1(2)(a), Civil Evidence Act 1995: 'Hearsay' means a statement made otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated. Identifying hearsay There are three ingredients of hearsay: (1) A statement or assertion (2) Made by a person other than while giving evidence in the proceedings (3) Which is tendered in order to prove the truth of some...
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