It has been argued that where hearsay evidence provides corroboration for the Crown's case then, the accused is being denied a fair trial because the accused is not given the opportunity to examine witnesses who are against him/her. There have been several challenges to these statutory provisions on the basis that their operation can breach an accused's right to a fair trial under Article 6 (Schedule 1 Part 1) of the Human Rights Act 1998. Section 259 of the Criminal Procedure (Scotland) Act 1995 allows hearsay evidence to be admitted in a number of situations: where the maker of the statement is dead, unfit or unable to give evidence, or where a witness refuses to answer questions, then, evidence from a prior statement can be put to him/her. There are several ways in which witness statements can become crucial at a trial, and these make it important that all statements are recorded with particular care and accuracy. There are several exceptions to the general hearsay rule.Ī witness statement is a document recording the evidence of a person to whom you have spoken, which is signed by that person to confirm that the contents of the statement are true. However, where a statement is led in evidence only to prove that it was made, then that was and remains quite legitimate. This was because witness statements are classed as hearsay when led as evidence of the truth of their facts. In Scotland, in the past, a witness statement was not normally considered to be evidence in its own right. However, it is important to record anything that may open up a new line of enquiry or help in corroborating other information. In general, the statement should only contain information on what the witness saw, and not what others have said to him / her.
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