Hearsay evidence in anti-social behaviour hearings

From CrimeLine from Andrew Keogh

Anti-social behaviour orders: Hearsay evidence

In F (R on the application of) v Bolton Crown Court, 22 January 2009 the Court said: "...in cases such as the present, the court should have in mind the factors set out in section 4(2) of the Civil Evidence Act 1995 in deciding what weight to give to hearsay evidence

Moat Housing Group- South Ltd. v Harris & Anor (16 March 2005)

Moat Housing Group- South Ltd. v Harris & Anor [2005] EWCA Civ 287 (16 March 2005)

It is now well established that hearsay evidence is available on an application for an Anti-Social Behaviour Order or the trial of a possession action: for this rule in relation to ASBOs see R (McCann) v Manchester Crown Court [2002] UKHL 39 at [35] -[36], and Solon South West Housing Association Ltd v James [2004] EWCA Civ 1847 at [14] - [41].

The admission of hearsay evidence in civil proceedings is governed by sections 1-7 of the Civil Evidence Act 1995 and CPR 33.1 - 33.5.

Section 4 (1) of the Act, in particular, provides that:

"(1) In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.

(2) Regard may be had, in particular, to the following-

(a) whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;

(b) whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;

(c) whether the evidence involves multiple hearsay;

(d) whether any person involved had any motive to conceal or misrepresent matters;

(e) whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;

(f) whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight."

CPR 33.2(1) provides that the inclusion of hearsay evidence in a witness statement provides adequate notice of a party's intention to rely on hearsay evidence at the trial. CPR 33.2(2) provides that where the hearsay evidence is contained in a witness statement of a person who is not being called to give oral evidence, the party intending to rely on the hearsay statement must, when he serves the witness statement,

"(a) inform the other parties that the witness is not being called to give oral evidence; and

(b) give the reason why a witness will not be called."

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