hearsay that part of the law of evidence that is concerned with evi- dence, usually TESTIMONY, which refers to statements made other than by a witness giving evidence in court. 'Statement' is often con- sidered to comprise actings or writings. As a general rule it is inad- missible as establishing the fact in question but may be ADMISSIBLE where it is sought to establish that the statement was made, e.g. 'I heard a man shout, “Look out!” as the pedestrian walked in front of the car.' The rules are among the most technical and important in the law, and what follows can be only an attempt to indicate the main themes. Naturally, legal systems differ on the detail, but the general approach is broadly similar in many Anglo-American systems.

There follows an indication of the principal exceptions to the hearsay rule:

(1) a statement will be admissible if it refers to the res gestae, i.e. mat- ters that are so closely linked to the alleged offence in terms of place, time and circumstances as to form a single event, e.g. 'I heard a pass- er-by shout, “Look out! that pedestrian is about to commit suicide.”' The House of Lords in R. Andrew [1987] AC 281 has accepted a wider test that 'hearsay evidence may be admitted if the statement provid- ing it is made in such conditions (always being those of approximate

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but not exact contemporaneity) of involvement or pressure as to exclude the possibility of concoction or distortion to the advantage of the maker or the disadvantage of the accused.'

(2) the evidence of deceased persons is admissible in Scotland unless the circumstances raise some presumption that it does not reflect what was in his mind.

(3) in Scotland a statement in the presence of the accused is admissi- ble if it is such a statement that he should reasonably repudiate it, although the general right to remain silent suggests that the accused should have been confronted directly with the statement.

(4) in both England and Scotland statute has provided considerable inroads to the rule in civil cases. Under the Civil Evidence Act 1968 in England, hearsay may be admitted. In Scotland under the Civil Evidence (Scotland) Act 1988, evidence is not to be excluded solely on the ground that it is hearsay. Even hearsay of hearsay is admissi- ble. It is for the court to judge what weight should be accorded to the statement.

(5) extra-judicial statements, i.e. statements made outside of judicial proceedings, are an important exception. In civil cases they are often called admissions and in criminal cases confessions. The confession or admission, even in Scotland, can be proved by one witness. In Scotland, in criminal causes, the material fact in question would require CORROBORATION. In criminal cases the circumstances of the confession are subject to scrutiny under the exclusionary rule.

(6) in Scotland, a statement made by a complainer or victim shortly after the crime to a natural confidant can be admitted to establish the credibility of the victim. A greater latitude is allowed in cases of sex- ual offences.

• guardian ad litem
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• Hague Convention
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• Hansard
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• Hartian jurisprudence
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• hearsay
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