Witness Statement

amor | 17:11 Tue 05th Nov 2013 | Law

22 Answers

somebody in my family has been falsely accused of indecent assault that happened 33 years ago on one of his children. The witness is a sibling who claims when she was 10 overheard her mum say: he only did it once.
Can overhearing a sentence out of context be taken as evidence in court as he is going to have a trial in the crown court.

Many thanks for your help.

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FredPuli43

Best Answer

amor, he'll defend himself on the admissible evidence, not the stuff that isn't admissible. Even the CPS are supposed to know the difference, but if they don't, prosecuting counsel, defence counsel, and the judge will There is undoubtedly more to this case than one highly doubtful statement which can't go before the court.

18:06 Tue 05th Nov 2013

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tonywiltshire

Do remember it is for the Crown Prosecution Service to prove guilt beyond a reasonable doubt not for the member of your family to prove they are innocent and the Prosecution will probably need more than a single witness of an alleged offence 33 years ago. The CPS will not go to court unless they believe they will win and it is in the public interest.
The rule against hearsay evidence in criminal cases has many exceptions which are well known and may include the res gestae (things done), good advice from Fred as usual as you would expect from ex-Counsel.

Peter Pedant

and a useful site for the rules for hearsay is:

http://www.hse.gov.uk/enforce/enforcementguide/court/hearsay-rule.htm

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