ADMISSION OF HEARSAY EVIDENCE

[2009] EWHC 663 (Admin) [2009] EWHC 663 (Admin)

The decision of a Parole Board not to release a prisoner on licence was vitiated by its failure to afford the prisoner an opportunity to test, by cross-examination, hearsay evidence as to the alleged incident that led to the prisoner’s recall on licence.

[2005] EWCA Crim 3542 [2005] EWCA Crim 3542

In circumstances where there was plenty of other evidence to found a strong prima facie case of conspiracy, there was no danger that a jury had taken a defendant’s failure to give evidence as sufficient “other evidence” to show a common purpose of conspiracy and relied on hearsay evidence alone.

[2005] EWCA Crim 3135 [2005] EWCA Crim 3135

Hearsay evidence adduced by the Crown satisfied the requirements of the Criminal Justice Act 2003 s.120 and was admissible under that provision, and alternatively the trial judge was entitled to exercise his discretion under s.114 of the Act to admit the evidence on the basis that it was in the interests of justice.