#4755 - Hearsay Procedure - BPC Criminal Evidence

HEARSAY: PROCEDURE s132 CJA - Provides for making rules of court to regulate the process of admitting hearsay evidence. * (4) - Failure to challenge the admissibility of evidence can amount to agreement on the admissibility of that evidence. Procedure for Admitting Notice Criminal Procedure Rules, r34.2 Applies where wish to adduce hearsay evidence under: # s114(1)(d) (admissible in the interests of justice), # s116 (witness unavailable) # s121 (multiple hearsay) Not: s117 (business docs), s119 (previous inconsistent statements), s120 (previous consistent statements) Requirements: * Serve notice on court officer and other parties, * Notice must identify: * hearsay evidence, * facts relying on to make admissible, * explain how will prove those facts if disputed, and * explain why the evidence is admissible. * Must attach any document containing the (hearsay) evidence if it has not already been served. Time-limit: * Prosecution - serve notice maximum 14 days after Defendant pleads Not Guilty * Defence - serve notice as soon as reasonably practicable Waiving entitlement to notice: Party entitled to receive notice may waive this entitlement by informing the party who must serve notice and the court. Failure to Follow the Procedure for Admitting (leave, inferences, costs) s132(5) CJA If a party proposing to tender evidence fails to comply with the prescribed requirement applicable to it (a) the evidence is not admissible except with the court's leave, (b) where leave is given the court/jury may draw such inferences from the failure as