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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice
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If the court read a written statement of the police officer

Customer Question

If the court read a written statement of the police officer about the moment he arrested D and in that statement the police officer claimed that D threatened to kill V. the Evidence would not be testimony as he was not at course. would it be Hearsay or original evidence?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
This us a criminal court I presume? Was the officer agreed by the defence?
Customer: replied 1 year ago.
yes, the statement was read by the prosecution council.
Expert:  Jo C. replied 1 year ago.
Yes, but was it agreed by the defence?Otherwise why didn't they require the officer to attend?
Customer: replied 1 year ago.
I am not certain why the officer didnt attend but it was the officer statement of the arrest so i dont see why it wasnt be put forward as evidence.
Expert:  Jo C. replied 1 year ago.
There could only be two reasons really.The first is that it was agreed by the defence and so carries the same weight as any other evidence given by a live witness.The second is that it was admissible as hearsay but that is relatively unlikely as the criteria is not usually met.The first is most likely and that would very definitely be nothing like hearsay.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Would is be real evidence, original evidence??
Expert:  Jo C. replied 1 year ago.
Yes. Section 9 statement that is agreed by the defence carries the same weight as live evidence.